Oakland Personal Injury Lawyer Blog

Two people were found dead at the scene of a devastating San Lorenzo car accident last week. Seven others were injured in the collision. The accident involved a van that was operated by a thirty year old Hayward man who police say was traveling at about 50 m.p.h. when his van struck a parked trailer. The driver of the car and a passenger who was sitting behind the driver was also killed. The passenger was not wearing his seat belt. The crash is still under investigation by the California Highway Patrol so we don't know at this time what role lack of seat belts played in his death.

We do know from experience however that seat belts are life savers. In California we have a mandatory seat belt law (California Vehicle Code section 27315). Laws such as these have remarkably reduced the number of serious injuries and deaths related to auto accidents. The National Highway Traffic Safety Administration estimated that use of seat belts and restraints saved 12, 713 lives in 2009. Unfortunately, as an Oakland personal injury lawyer, I frequently see the tragic harm that is caused when people fail to buckle up or when seat belts fail.

In order to prevent serious injuries and to keep our friends and families safe, it is of the utmost importance to make sure everyone in our car is bucked up at all time. California law says that if you are not wearing a seat belt and your are injured in an accident you can be held comparatively at fault for your own personal injuries for failure to comply with the mandatory seat belt law.

Resources:

Oakland Tribune, San Lorenzo: Two killed, seven injured after minivan slams into parked flatbed trailer, November 17, 2010

National Highway Transportation Safety Administration, An Analysis of the Significant Decline in Motor Vehicle Traffic Fatalities in 2008, June, 2010

According to the California Highway Patrol, three teenage boys and a 17 year old girl had been drinking alcohol when the driver of their car struck another vehicle and then ran into a tree. The collision killed the young girl. The accident occurred on November 22, 2010 in the early morning hours on highway 101 in San Jose. All four occupants were high school students and had been drinking earlier in the night. A bottle of brandy was found in the car. The accident is still under investigation as officials are also investigating where the minor's obtained the alcohol.

Accidents such as these are a parent's worst nightmare. Unfortunately, teen age drinking and driving is not an uncommon occurrence. According to the Department of Motor Vehicles, teenage auto crashes are the leading cause of death for teenagers across the United States. The crash rate for 16 to 19 year olds who had been drinking is 1.9 times higher than for drivers of all ages.

As a San Jose personal injury lawyer, and as a parent of four children, I am concerned about what we can do to reduce the number of these teenage auto accidents. Making alcohol less accessible is one step that can be taken. Until recently if the children received or drank the alcohol at an adult's home, the adults were not responsible for injuries later caused by the teenagers--even if the adults knew about it. Mothers Against Drunk Drivers and the Consumer Attorneys of California proposed legislation last year entitled, The Teen Alcohol Safety Act to fix this unjust result. This is one step that will hopefully reduce the number of teenage alcohol related accidents and deaths.

Resources:

The Oakland Tribune, San Jose: Cheerleader, 16, killed in Hwy. 101 crash mourned at Santa Teresa High, November 22, 2010

California Department of Motor Vehicles, Teenage Driver Crash Statistics

A forty-nine year old man, driving home from work, died when his car crashed in Orinda. The automobile accident occurred on Fish Ranch Road near the Caldecott Tunnel. Although the accident is still under investigation by the police, family members believe that rain and windy conditions contributed to the accident.

As an Oakland personal injury lawyer, I know there are many ways for cities and the State of California to help prevent auto accidents caused by dangerous wet roads.

Hydroplaning occurs when water penetrates between the roadway and the tire. But technology exists to reduce car hydroplaning due to water puddling on the roadway. Public roads can and should be designed with a crown to drain water away properly. However, even properly crowned roads can become dangerous if the rains are heavy. Longstanding research by NASA has also shown how proper grooving of the pavement can channels off water even in heavy rain conditions.

Drivers have the legal right to drive on a safe roadway. The State of California and our Cities have the duty to safely design and maintain our public roads. When dangerous conditions of public property such as bad design or lack of grooving, cause auto accidents, the public entities should be held accountable.

Resources:

Contra Costa Times, Lawrence Berkeley lab worker killed in crash remembered fondly by family, November 20, 2010

NASA, NASA Saves Lives with "Groovy" Spinoff, 1993

The Consumer Product Safety Commission announced a voluntary recall of certain hooded jackets and sweatshirts. The sweatshirts have a drawstring through the hood that can pose a risk of strangulation or entrapment. The clothes are distributed by VOS Sports Inc. of City of Industry, CA.

As an Alameda personal injury lawyer, I am deeply concerned with products which can cause injury to our children. At a minimum, clothing manufacturers should comply with standards which were written by the CPSC back in 1996 which describe ways to prevent choking incidents caused by drawstrings on children's clothing. At best they should voluntarily be looking for new ways to design children's clothing which reduces the risk of strangulation.

California product liability laws are designed to make manufacturers design safer products including safer children's clothing. When corporations manufacture, distribute or sell unsafe clothing, they are legally accountable for the personal injuries caused by their defective products.

Besides being aware of dangerous products that are on the market, there are many other things parents can do to help prevent children's injuries, such as strangulation by clothing drawstrings. A useful resource for parents is Safe Kids, USA.

Resources:

Consumer Product Safety Commission, Children's Hooded Jackets and Sweatshirts with Drawstrings Recalled By VOS Sports Due To Strangulation Hazard, November 19, 2010

The West Contra Costa Unified School District has entered into a confidential settlement of a claim filed by a young girl who was raped on the Richmond High School campus in 2009. The girl had been attending a school dance and was gang raped in a dark courtyard while numerous students and others were aware of the ongoing attack.

Under California law, a special relationship exists between a school and its students. The schools are under a legal obligation to use appropriate care and prudence to assure that our students are kept safe. School districts which do not provide adequate security and supervision of school events are liable for personal injuries caused to students as a result of this neglect. This is true even if the injury is caused by the criminal conduct of others if such conduct is reasonably foreseeable.

Claims against school districts are covered by special sections of the California Government Code. When suing a school district or any public entity, you must file a government claim within six months of the date of the injury or the claim will be barred by law. There are many other special requirements when suing a school district. As a Richmond personal injury lawyer, I see many mistakes that people make when suing school districts because the rules are not followed. You should be aware of your legal rights and obligations, if you are considering a claim against a school district or other public agency.

Resources:

Oakland Tribune, School District Approves Settlement for Richmond High Rape Victim, November 18, 2010

New York Dailey News, Police Detectives Shocked at Remorseless Suspects in Gang Rape of San Francisco-area girl, 15, October 28, 2009

A study by the Rand Corporation shows that bicycle accidents in Oakland have risen 30% between 2000 and 2008. The same study showed even more bicycle injury accidents in Berkeley than in Oakland. Studies by the Department of Transportation reveal that 3% of all traffic deaths are related to bicycles.

One thing that can be done to reduce bicycle injury accidents and deaths caused by injuries is to know and follow the rules relating to bike lanes. California Vehicle Code section 21209 says that a motor vehicle shall not operate in a bike lane unless they are parking; entering or leaving the roadway; or preparing for a turn within 200 feet of an intersection. Bikers should know and follow the rules in Vehicle Code section 21208: always ride in the lane unless overtaking other vehicles; when preparing to make a left turn; to avoid hazardous conditions; when approaching an area where right turns are permitted; and never leave the lane without taking appropriate precautions and using the proper hand signals.

Bike riders can learn how to ride more safely and avoid accidents by signing up for a bicycle safety class offered by the East Bay Bicycle Coalition. Bike riders can also learn about their rights if they have been injured in an accident.

As an avid bicyclist I appreciate the fun and value of bike riding. As an Alameda personal injury lawyer, I have seen the tremendous harm caused by drivers and bicyclists not following the traffic laws and operating their vehicles safely. By following the laws and using good bike safety we can all help reduce the number of bicycle injuries and deaths.

Resources:

Oakbrook, Oakland Bicycle Accidents on the Rise, February 1, 2010

Department of Transportation, Cal Trans, Pedestrian and Bicycle Facilities in California, July, 2005

An increasing number of Bay Area hit and run and uninsured motorist accidents points out the importance of uninsured motorist coverage. Most recently, an Oakland pedestrian was killed. In San Jose, a bicyclist was hit by a hit and run truck driver.

Uninsured motorist claims that would apply to cases like these have their own set of rules which are covered by Insurance Code Section 11580.2. Within those rules however are numerous traps for the unwary.

A recent California appellate decision, Blankenship v Allstate Insurance points out one of those traps which deals with the statute of limitations. In an uninsured motorist case, a claimant must demand arbitration or file a lawsuit against the uninsured driver within two years of the date of the accident or the claim will be barred by law. The case holds that this rule applies to minors as well as adults. Therefore, minors who are injured by hit and run drivers or uninsured drivers must have their claims settled or demand arbitration within two years of the date of their accident. Unlike, civil cases, the statute of limitations is not tolled until they turn age 18.

Uninsured motorist coverage is required in every automobile liability policy issued in the state of California, unless waived in writing. As an Alameda personal injury lawyer, I have seen many instances, in both hit and run, and uninsured accidents, where mistakes have been made by claimants because they were not familiar with the peculiar rules which apply only to uninsured motorist claims. It is vitally important that anyone involved in a hit and run accident or uninsured claim know their rights under their uninsured motorist coverage.

Resource:

Blankenship v Allstate Insurance (2010) 186 Cal.App. 4th 87

Salim Nosrat, age 83, of Oakland died Friday evening from injuries he suffered in a hit and run accident. Mr. Nosrat was run down in a crosswalk at the intersection of Fremont Boulevard and Norris Road in Fremont. After the collision he was taken to Eden Hospital in Castro Valley for his injuries, where he passed away.

This tragic hit and run fatality points out the need for all of us to have adequate uninsured motorist coverage on our automobile insurance policies. Many people are not aware that pedestrians and even cyclists who are injured in hit and run accidents are covered by their uninsured motorist coverage on their automobile liability policies. Anyone, who is a family member and is living in the household of the insured, is also covered by the uninsured motorist coverage. Therefore, even non-drivers who are injured as pedestrians or cyclists are covered by the family's uninsured motorist coverage. When someone is killed in a hit and run accident, the family is legally entitled to make a claim for his wrongful death under the terms of the policy.

In 2004, there were 68,000 pedestrian accidents. Of these pedestrian accidents 4,641 of the pedestrians were killed. As a Fremont personal injury attorney, I am well aware of the importance of a good uninsured motorist policy to protect oneself against both uninsured drivers and hit and run drivers. When you have been hit by a hit and run driver or an uninsured driver, it is critical that you know you legal rights under your uninsured motorist coverage.

Resources:

Oakland Tribune, Oakland man dies after Fremont hit-and-run, November 8, 2010

National Highway Traffic Safety Administration, Traffic Safety Facts 2004

Construction work has been proceeding to put in a new bore at the Caldecott Tunnel. Today an Oakland construction worker was injured when a part of the façade of the new bore fell injuring the worker. The worker was struck by falling concrete. The incident happened around 7 a.m. and the worker was taken to the hospital with non-life threatening injuries.

The law regarding construction accidents can be complex. Generally speaking if a person is injured on the job their only remedy is workers compensation. This means that they usually cannot sue for pain and suffering and for complete loss of earnings and future earnings. The injured worker is limited to whatever benefits workers compensation provides. This is known as the "exclusive remedy" (California Labor Code section 3602).

There are numerous exceptions to the exclusive remedy rule of workers compensation. If a worker's injury is caused by the negligence of another party, such as the negligence of a general contractor or other subcontractor who is not his employer, the injured worker can file a claim against these negligent parties in a civil suit. There the worker is not limited to workers compensation remedies, but can recover full damages for pain and suffering, lost earnings, and loss of future earning capacity, as well as recovery for medical bills incurred and likely to occur in the future. These type cases are known as "third party" claims.

As an Oakland personal injury lawyer, I see the benefits of a fair and prompt workers compensation system. However, in some circumstances the exclusive remedy of workers compensation does not provide an adequate recovery for the injured worker. In those instances especially, it is important to determine whether any exceptions to the exclusivity rule apply, such as a third party claim.

Resource:

Oakland Tribune, Worker injured when facade of new Caldecott bore falls, November 3, 2010

Recently two public pools in the City of Alameda were closed for failure to comply with Assembly Bill 1020. That Bill is designed to prevent entrapment hazards in pools and spas. As an Alameda personal injury lawyer, I vehemently support such a bill.

The Consumer Product Safety Commission is aware of 74 cases of body entrapment, including 13 deaths between 1990 and 2004 when a person drown due to being held against a drain by suction of the circulation pump. They have enacted guidelines for entrapment hazards to make pools and spas safer.

In order to prevent serious swimming pool injuries the CPSC recommends never using a pool or spa with a missing or broken drain cover. Consider installing a Safety vacuum release system to automatically shut off a pump if a blockage occurs. Have your pool regularly inspected. If someone is entrapped against a drain, cut off the pump immediately. Instead of trying to pull the person away from the powerful suction, pry a hand between the drain and the person's body to break the seal.

If a city or private person negligently owns and maintains a pool which does not comply with the safety laws they will be held responsible for any personal injuries that occur as a result. When injuries are caused by the actions of school districts, cities, or other public pool owners, government claims must be filed against the public entity within six months of the date of the injury or the claims will be barred by law.

Resources:

Oakland Tribune, One of two closed Alameda pools to reopen Tuesday, November 1, 2010

Consumer Product Safety Commission, Swimming Pool Safety Alert

As a personal injury lawyer in Alameda, I am concerned about clothes that can pose a risk of injury for children. Recently, there have been two recalls of children's clothing due to choking risks.

On October 19, 2010, the Consumer Product Safety Commission announced the voluntary recall of Infant's Overalls. They are distributed by Lollytogs, Ltd. Of New York, New York. The overalls have snaps which can loosen and come off posing a choking hazard for young children. The clothes are manufactured in India.

On October 30, 2010, The Consumer Product Safety Commission announced another voluntary recall of white ruffle outdoor vests imported by The Children's Place Services Co. of Secaucus, N.J. and sold online at www.childrensplace.com. The metal snaps on the vest can detach posing a choking hazard.

Each year children sustain approximately 18,000 suffocation injuries. Deaths from choking injuries continue to escalate annually. If you are aware of an unsafe product or risk posed by clothing, you can report the matter directly to the Consumer Product Safety Commission on-line to help reduce the occurrence of these preventable injuries. When choking injuries are caused by defective clothing the manufacturers of these products and the retails who sold them are legally liable for the personal injuries they cause.

Resources:

Safekids USA, Suffocation and Choking Safety

PR Newswire, Infant's Overalls Recalled by Lollytogs Due to Choking Hazard, October 19, 2010

UPI.com, The Children's Place vests recalled, October 30, 2010