Oakland Personal Injury Lawyer Blog

On September 19, 2007, Monica Orduno was a pedestrian near the intersection of West MacArthur and Martin Luther King Blvd. in Oakland. A car which was making a left turn collided with another vehicle. That car spun out of control and pinned Ms. Orduno against a concrete planter box.

A government claim for personal injuries was filed against the City of Oakland claiming that the intersection was dangerous because it lacked a left turn lane. Ms. Orduono was a working, single mother, who lost her leg in the accident. She had incurred over $750,000.00 in medical bills and expects to incur $2.5 million in future medical expenses.

Not a lot of information is reported about how the lack of the turn lane contributed to the occurrence of the accident. However, it is often the case that there are more factors involved in a car accident than just the motorists involved. Often times, the design of a roadway or intersection, poor lighting, poor signage, inadequate or faded striping, or other features of the roadway can contribute to the causation of a serious personal injury car accident. Therefore, whenever there is an auto accident with catastrophic or permanent injuries, there should be an immediate inspection of the accident scene.

A government is liable for a dangerous condition of the roadway if the following factors are present: First, there must be a dangerous condition of public property, which is defined as a condition that creates a substantial risk of injury to the public, when the property is used in a reasonably foreseeable manner. Second the dangerous condition created a foreseeable risk of the type of accident which occurred. Third, the public entity which owned or controlled the land either created the dangerous condition or had ample notice of the problem long enough before the accident to have had time to fix the problem. And finally, it must be shown that the dangerous condition was a substantial factor in contributing to the accident in question.

The government has numerous defenses and immunities which apply to these types of cases. One of the most common defenses is called a design immunity which protects the government if the design of the particular roadway was made pursuant to a duly approved design. However, even that immunity can be overcome if physical conditions had changed since the original approval of the design.

Due to the complexity of these type auto cases, an immediate investigation must be done before the physical conditions of the accident site change. This involves the hiring of expert witnesses familiar with highway design cases. In a typical highway design case, our office would immediately hire an accident reconstruction expert to examine the scene of the accident, the vehicles involved, and review all pertinent police investigations which were conducted. Additionally, a traffic engineer is retained to analyze the accident scene to see if it comports with traffic safety design standards, and whether it meets standards as set forth in the California Traffic Design manual. Finally, a human factors engineer is hired. This type of expert is a multi-disciplinary expert who has expertise in psychology, engineering, and design who analyzes the design features of the accident scene in light of human beings usual physical and psychological capabilities. Such experts are necessary to prove that a dangerous condition existed and to show how the condition contributed to the actual causation of the accident.

Since these types of cases are generally filed against public entities, such as cities, counties, or the State of California, it is imperative that a government claim be filed within six months of the date of the accident. If a claim is not filed within that time frame, the claim will be barred by law subject to a few, very limited exceptions.

As a car accident lawyer in the Oakland, Alameda area, I have seen over the years how poor roadway design can cause dangerous highway conditions which can contribute to serious auto accidents. Whenever serious accidents occur, it is alway prudent to look at all surrounding circumstances to see if roadway conditions played a part in the crash.

Resources:

Oakland Tribune, Oakland pays $750,000 to woman hit by car on Martin Luther King Jr. Way, June 21, 2011

On June 14, 2011 a Fremont man lost his life when his car was involved in a rear end accident on the Dumbarton Bridge. Terrence Abdullah, was traveling westbound on the Dumbarton bridge when his vehicle stalled. After his car stalled, a car driven by Roberto Lopez slammed into the rear of Mr. Abdullah's car. Mr. Abdullah died at the scene.

The report did not give an explanation as to why Mr. Lopez did not see the stalled vehicle in front of him. The accident occurred at 4:00 p.m. and there were no reported visibility problems. Although the accident is still under investigation, normally someone who rear ends a stopped vehicle, such as happened here, is legally responsible for personal injuries and or the wrongful death of the other driver.

When a car stalls on the road, the police and insurance investigation will also center on why the vehicle stalled. If the car simply ran out of gas or there were foreseeable mechanical problems with the car, the driver of the stalled car can be held comparatively liable for his own injuries or death. Comparative fault reduces the amount of recovery that a negligent person might otherwise recover by the percentage of fault that he contributed to his own accident. In the case of a wrongful death claim, the decedent's percentage of fault would reduce the amount of recovery by his family.

As a Fremont personal injury lawyer, I have seen many rear end type personal injury accidents over the years. Some of the most serious involve accidents like this Fremont accident on the Dumbarton bridge where a car stalls on a high speed roadway. It's a real dilemma for drivers to decide whether to stay in their car or vacate. There are several safety tips that you should consider if your car stalls on the freeway.

According to the California Department of Motor Vehicles, if your car stalls on a freeway you should do the following:

Safely pull to the right shoulder if possible.
If you must exit the car, you should get out of the car on the right side away from traffic.
Wait in your car, with your seatbelt on, while you wait for assistance.
It is a good idea to not set your brake if on flat land and leave the car in neutral. This will lessen the impact forces if you are struck from behind.

If you cannot pull to the shoulder, or if there is no shoulder area, you should put on your hazard lights and exit your vehicle. However, you should stay safely away from the car and other moving traffic. Do not attempt to run across lanes of traffic on the freeway. The California Highway Patrol recommends standing 150 feet in front of your vehicle on the catwalk area if stalled on a bridge.

Other tips recommended by the AAA, are: don't try and fix your car yourself. Be careful not to place flares in any area where they might ignite flammable material such as roadside debris, dry grass, etc. Before leaving on your trip, make sure you have plenty of gas. Carry emergency materials such as flares, flashlights, warning triangles, and reflector vests. It's good to carry these items inside your car as you do not want to have to go to the back of your car and open the trunk while your car is stuck in traffic.

Some of the most serious car accidents I have seen over twenty-eight years of representing personal injury victims are those where someone has broken down on a high speed freeway. By using these tips mentioned above, you and your family can lessen the risk of serious injury or death if your car breaks down on the freeway.

Resources:

Oakland Tribune, Fremont man killed in Dumbarton Bridge accident, June 14, 2011