Oakland Personal Injury Lawyer Blog

The tragic story of Jose Cortez Diaz, age 4, reminds us of the immense harm caused by drunk drivers. On July 11, 2010, Jose was a passenger in his father's truck which had broken down on Highway 101 in San Jose. His father pulled the family truck to the shoulder of the road, when a Ford pickup driven by a drunk driver slammed into the rear of their vehicle. The impact caused a loose toolbox to fly through the air striking Jose in the head and killing him instantly.

The driver of the pick up truck was arrested on the scene. He now faces felony DUI and vehicular manslaughter charges. While he faces serious criminal charges that will some day be resolved, the Diaz family loss is permanent. Jose's father spoke about his pain. "Maybe people who know pain will understand" As he fell to his knees, clutching his son's toys and kissing an old photo, he added between sobs: "I don't wish anybody to feel this type of pain. I just wish people wouldn't drink and take the wheel. This is why I lost my son."

Labor Day is next week. Last Labor day, there were over 400 arrests in Alameda County alone for drunk driving. Between 2007 and 2009, there were over 21,000 arrests for driving under the influence of alcohol. As an Oakland personal injury lawyer who has represented victims of drunk driving, I have seen the devastation caused by these auto accidents. While criminal proceedings and insurance company settlements may provide some consolation to the victims of drunk driving, they can never make up for the loss of a loved one such as Jose. The only way to prevent these tragedies is to not drink if you are going to drive. Have a safe Labor Day.

Resources:

San Jose Mercury News, Gilroy family tries to cope with DUI death of 4-year-old child, August 18, 2010

California Avoid, DUI Statistics

It's time for our children to return to school after a fun filled summer. When we entrust our students to the school's care, we put faith in the schools' administrators that they will take all necessary steps to safeguard our children from danger and harm. We expect our children to be protected from danger whether the danger is caused by intentional or negligent acts of others, whether the harm is verbal or physical.

Injury is the most common health problem treated by school health personnel. One study reported that 80% of elementary school children visited the school nurse for an injury-related complaint . Approximately 10%--25% of child and adolescent injuries occur on school premises. Approximately 4 million children and adolescents are injured at school per year. What does California law regarding safe supervision of our students?

California courts recognize that a special relationship exists between the school and the students. The schools are under a legal duty to use ordinary care and prudence under the circumstances presented. It has been held by the courts that the schools must "take all reasonable steps to protects its students." School Districts are responsible for injuries to students caused by the school employees' failure to use ordinary care. The districts may be responsible for a total lack of supervision or for ineffective supervision.

The following are examples where the Courts have held that school districts owed a duty to supervise and protect its students. A sixteen year old boy was injured in the locker room when some of the students engaged in a slap boxing fight. The boy fell and hit his head causing a concussion which led to his death. A middle school student suffered a serious facial injury while participating in golf instructions. The students were not properly supervised because the non-participating students were permitted to stand to close to the students who were swinging the golf clubs and hitting balls.

As an Oakland personal injury attorney, former school board member, and former athletic director of my kids' school, I know how important it is to provide children with a safe environment at school. Schools should make child safety a number one priority. If your child has been injured on school premises or in school activities, you should know your child's legal rights.

Resource:

Center for Disease Control, School Health Guidelines to Prevent Unintentional Injuries and Violence, December 7, 2001

In 2008, Shelby Allen, age 17, died from alcohol poisoning while drinking vodka at a friend's house while the parents were in their bedroom. In response to this tragedy and others like it, the Mothers Against Drunk Drivers and the California Consumer Attorneys of California teamed together to pass a bill to help prevent these senseless tragedies. It was recently signed into law by the governor.

In California, parents had previously been immune from lawsuits even if they knew minors were drinking alcohol on their premises. The new law, The Teen Alcohol Safety Act of 2010 will allow party hosts to be sued if they serve alcohol to a minor who is subsequently injured or killed. While this law won't totally prevent teen alcohol deaths, it should go a long way towards limiting the amount of alcohol drinking that goes on with the full knowledge of parents and other adults.

The most important thing is to keep our children safe. Our teens should know the warning signs of alcohol poisoning: vomiting; person cannot be aroused; or the person is semi-conscious or unconscious. If any of these signs are present, 911 should be called.

As an Oakland personal injury attorney, I have seen the untold harm caused by teen drinking: Countless auto accidents, and too many deaths such as Shelby Allen's. If this law can help prevent even one such death, it will have been well worth the effort to get the law passed.

Resources:

San Francisco Chronicle, Bill holding hosts liable for alcohol advances, August 9, 2010

Shelby's Rules - an Alcohol Poisoning Education Foundation

I remember from my days of high school Latin, the term "Cave Canum"-- Beware of Dog. It appears the problem hasn't gotten any better since the old days of Rome. The Center for Disease Control calculates that there are 4.7 million dog bites per year in the United States. Of these over 800,000 result in the dog bite victim requiring medical care.

If your dog bites someone, generally your homeowners insurance will cover such a claim. A recent study by the Insurance Information Institute finds that the average cost of dog bite claims has increased to $24,840.00. Of course, many claims are settled for much more if the injuries result in permanent scarring, disfigurement or death. Each claim is different depending upon the severity of the dog attack and the harm to the victim.

In California, dog owners are strictly liable for injuries caused if their dog bites someone. This means that the owner is liable even if he is not negligent. Therefore, if you own a dog you should take all steps necessary, such as using a leash at all times, to prevent your dog from biting others. If you are bitten by a dog, you should know your legal rights in California. As an Oakland personal injury lawyer, I have seen the tremendous harm that can be caused when a dog viciously attacks some. If you have suffered a serious dog bite, you should review my article "What are Your Rights if Bitten by a Dog?"

Resource:

Insurance Information Institute, August 2010

The law defines elder abuse as "physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering." A ghastly example of elder abuse based on mental suffering comes out of Ukiah.

It was reported that six workers of a Ukiah skilled nursing home, Valley View Skilled Nursing, were arrested recently. They are charged with elder abuse for the following prank. They would place slippery ointments on dementia patients as a gag. The point of the gag was to try and make the patients more slippery for other staff members who were responsible for caring for the residents. This type of demeaning activity clearly falls within he protection of the elder abuse statutes.

If you have family or friends in a care home, it may not always be easy to tell if that person is being neglected or abused. This is especially true if due to their dementia they are unable to clearly express themselves. As an Oakland elder abuse attorney, I have learned many signs to look for if there has been behavioral abuse. The following are possible indicators that someone has been abused: fear, helplessness, resignation, implausible stories, anger, withdrawal, hesitation to talk openly, confusion, denial, depression, anxiety, agitation and non-responsiveness. If you suspect abuse, you can have this investigated by the Department of Health Services. Also, an experienced elder abuse attorney may also be helpful in guiding you through the process.

Resource:

Press Democrat, Elder abuse charged in Ukiah nursing home 'prank', August 3, 2010

A San Francisco man was found unconscious at the intersection of 19th St and Folsom in San Francisco today. He later died. The coroner's office determined that the injuries were most likely caused by a hit and run driver.

The number of pedestrian accidents annually is staggering. A recent report showed over 68,000 were struck by cars in one year. Of these pedestrian accidents, 4,641 pedestrians died. Most frequently these accidents occur between 8 pm and midnight (37% of all pedestrian vehicle accidents occurred during this time). Alcohol was a factor in almost half of the accidents. Interestingly, in those case where alcohol was involved 37% of the time, it was the pedestrian who had been drinking.

Speed was the critical factor that affected the severity of the pedestrian's injuries. If the speed of the vehicle was 40 mph or higher, the pedestrian had a 85% chance of death. If the speed of the car was between 30 and 40 mph, the chance of death was reduced to 45%. If the speed was 20 mph or less, the risk of death was less than 10%.

A high percentage of these pedestrian accidents involve hit and run drivers like the San Francisco accident described above. Victims of hit and run accidents are entitled to make claims against their own auto insurance companies. These claims are known as uninsured motorist claims. As an Oakland personal injury attorney, I have seen too many unfortunate cases where victims of hit and run drivers were not properly insured. To adequately protect yourself against the risk of being struck by a hit and run driver, make sure your automobile policy has appropriately high levels of uninsured motorist coverage.

Resources:

San Francisco Chronicle, August 2, 2010, Fatal hit and run in the Mission

Safety Transportation.org, Pedestrians

National Highway Traffic Safety Administration, 2004, Traffic Safety Facts

As a cyclist, and an Oakland personal injury lawyer, who represents many cyclists, I often see tragic hit and run accidents. Most recently, in Danville, a twenty-three year old driver, was allegedly operating his pick up truck while intoxicated caused a hit and run accident. He first ran into a bicyclist, then a pedestrian and then two vehicles. He was then apprehended by the police. Fortunately, none of the injured persons sustained life threatening injuries.

This accident points out the importance of several things. First from a safety point of view, no matter how careful you are as a cyclist, sometimes you just can't avoid a collision. Therefore, the importance of good safety equipment is essential. Always wear a helmet. This is required for those 18 years of age or younger. Other safety laws designed to prevent bicycle accidents include the following: Brakes are required. The handlebars shall not be raised above the level of the shoulders. If riding at night, the following equipment is necessary: A lamp visible from a distance of 300 feet in front and from the sides; a rear red reflector; white or yellow reflectors on each pedal, shoe or ankle visible from the front and rear of the bike for a distance of 200 feet; a white or yellow reflector on each side on the front and back half of the bike or reflectorized wheels.

While we can't alway avoid drunk drivers, we can take steps to help prevent bicycle accidents and to minimize their severity when they do happen. Following all the safety laws is important. Wearing a well designed helmet is probably the single most important thing you can do to prevent serious injury on a bicycle. Finally, know your legal rights if you have been injured in a bicycle accident.

Resource:

Oakland Tribune, August 2, 2010, Brother of S.F. Giant held in Danville hit-run DUI