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DC Metro Railway Accident Kills Two Veteran Workers

January 27, 2019 Injury Lawyer San Diego 0

Public transportation rail systems and trains are potentially very hazardous—not only to pedestrians and patrons but to maintenance workers working on the system. Unfortunately, this proved true yesterday when two veteran employees of Washington, DC’s Metro system–Jeff Garrard, 49, and Sung Duk Oh, 68–lost their lives as they were crushed beneath a maintenance truck.

This tragic workplace accident happened around 1:45 a.m. on January 26, 2010, near Rockville, Maryland while the workers were installing new train control equipment on the track bed. They usually ended their shift at 11:30 p.m. but were working overtime at the time. The maintenance truck that hit the victims had four employees inside it. Jim Graham, chairman of the Metro Board of Directors said that “the tragedy was a direct result of human error.”

The victims were known to have impeccable track records and had not laxed in their services to Metro. With over 10,000 hours of experience between them, Garrard and Oh were fastidious and always careful. Yet, they lost their lives due to someone else’s carelessness and negligence. Both Garrard and Oh lived in Montgomery County, Maryland. Garrard is survived by a wife and teenage daughter (pictured above, photo courtesy of this Washington Post story). It is always very difficult losing a loved one. In normal circumstances it becomes hard to adjust to someone’s passing away. But if a cherished person loses his life to such carelessness, the wounds never seem to heal. Our prayers go out to Garrard’s and Oh’s family.

In addition, this is not an accident unique to Washington DC’s public transportation system. It could have just as easily happened in San Diego or anywhere in California’s many public transportation services. One has to wonder whether the late hours and long hours that the crews were working also played a factor in this industrial accident. Many times accidents like these occur when workers are fatigued.

If you or a loved one has been injured in a San Diego workplace accident, please contact San Diego industrial accident lawyer and the San Diego personal injury attorneys. You may also contact the San Diego truck accident lawyers for a free consultation and helpful information.

Fatal Hit-And-Run Freeway Crash Kills Tow-Truck Operator

December 24, 2018 Injury Lawyer San Diego 0

40-year-old Christopher Barton Tatro was killed in a tragic hit-and-run car collision that occurred on December 17, 2011, around 2 a.m. on 91 Freeway in Riverside. According to California Highway Patrol, Tatro was loading a disabled vehicle onto his flatbed truck on the side of the eastbound lanes of the freeway near Monroe Street when he was hit by a tan sedan, possibly a beige late-1990s Saturn.

The car veered from the number five lane into the left side of the tow truck and then struck Tatro. The collision threw Tatro about 60 feet into traffic lanes. He suffered massive injuries to his legs and torso.

Tatro was immediately transported to Riverside Community Hospital where he was later pronounced dead around 4:20 a.m.

From the available information, it appears that negligent and distracted driving of the sedan driver contributed to this serious multiple vehicle collision. If it is found that the sedan driver was driving inattentively, then he may be held liable for this accident. Also, this sedan driver has committed the felony of hit-and-run, which is a direct violation of California traffic law.

The victim’s family members should immediately seek counsel from an experienced Riverside County truck accident lawyer who would educate them about their legal rights. The victim’s family may file a wrongful death claim against the sedan driver to obtain compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.
Our personal injury law office sends sincere condolences to the victim’s family and friends.

Fatal Car Accident Kills Sun City Woman

December 23, 2018 Injury Lawyer San Diego 0

41-year-old Crystal Stevens, of Sun City, was struck in a tragic pedestrian accident that occurred on December 15, 2011, around 11:30 p.m. on McCall Road near Sherman Road in Menifee. According to the Riverside County Sheriff-Coroner’s department, Stevens was walking on McCall Road when she was struck by a car.

Stevens suffered life-threatening injuries and was immediately transported to Inland Valley Regional Medical Center for treatment, where she was pronounced dead a day later.

From the present information, it appears that the reckless driving and irresponsible actions of the motorist led to this serious car wreck that claimed one life. If the motorist is determined to have been at fault in this case, then he could be held responsible for pedestrian’s wrongful death.

Meanwhile, the victim’s family members should consult with an experienced Riverside County pedestrian accident lawyer who would help them obtain timely compensation to cover funeral and burial costs, loss of future earnings, loss of love, care and companionship, and other accident-related damages.

Our personal injury law office sends sincere condolences to Stevens’ family members and friends.

Elderly Pedestrian Killed in Fontana Car Accident

December 12, 2018 Injury Lawyer San Diego 0

61-year-old Domingo Nava of Fontana was killed in a tragic pedestrian accident that occurred on December 3, 2011, around 5:54 p.m. near the intersection of Sierra Avenue and Reed Street. According to San Bernardino County coroner report, the pedestrian was hit by a vehicle while he was walking across the street.

Nava suffered major injuries and was immediately transported to Kaiser Hospital for treatment where he was pronounced dead at 7:22 p.m. From the present information, it is unclear what caused this major car accident that killed the elderly pedestrian. Was the driver negligent? Did the car driver fail to notice the pedestrian and stop the vehicle in time to prevent the collision? Was the victim walking in a marked crosswalk?

Nava’s family members should immediately seek counsel from an experienced San Bernardino County pedestrian accident lawyer who would educate them about their legal rights and options. The deceased’s family members may file a wrongful death claim against the motorist to obtain compensation to cover the cost of funeral and burial, loss of love, care and companionship, and other accident-related damages.

Our personal injury law office sends our deepest condolences to the Nava’s family.

Metrolink Train Accident Kills Car Driver

December 4, 2018 Injury Lawyer San Diego 0

An unidentified man in his 70s was killed in a fatal Los Angeles train accident that occurred on November 29, 2010, around 9:35 a.m. at Francisquito Avenue, approximately 116 miles from San Diego. Sherita Coffelt of Metrolink said that train number 304 was heading from Union Station in Downtown Los Angeles to San Bernardino when it struck the elderly man’s car, killing him.

The elderly motorist was pronounced dead at the accident scene by the authorities. Two passengers in the train also suffered injuries in this train accident and were transported to a nearby hospital for treatment.

From the present facts, it is unclear as to how this train accident occurred. Did the train driver ignore a red signal? Was he distracted that he did not notice the victim’s car? At the same time was it the elderly person’s failure to observe safety signals? Was he unable to calculate the distance between his car and approaching train? If negligent operation by the train conductor caused this train accident, then the train conductor and his employer might be legally required to compensate the elderly person’s family for the cost of funeral expenses, loss of love and companionship, and other related damages. The deceased’s family would be well-advised to consult with an experienced Los Angeles personal injury lawyer who will advise them about their legal rights and options.

Pedestrian Struck, Another Killed Crossing El Cajon

November 28, 2018 Injury Lawyer San Diego 0

25-year-old Melissa N. Ferreira was killed in a tragic car wreck that occurred on November 19, 2011, around 2 a.m. in front of the El Cajon Grand Bar on Main Street. According to El Cajon police officers, a man and woman were struck by a Mitsubishi Montero going westbound in front of the bar.

Ferreira suffered fatal blunt force trauma and was pronounced dead at the accident scene. The male pedestrian suffered non-life threatening injuries and was immediately taken to nearby hospital for treatment.

The SUV’s driver stopped immediately following the crash and was cooperating with investigators. Our thoughts and prayers go out to the family and friends of the deceased pedestrian. From the available information, it is unclear what led to this serious pedestrian accident. The accident is still under investigation. Alcohol and drugs were not a factor.

The deceased’s family members should immediately seek counsel from an experienced San Diego County car crash lawyer who would educate them about their legal rights and help them obtain compensation to cover the burial and burial costs, loss of anticipated earnings, and other accident-related damages. The injured pedestrian may also file a personal injury claim to obtain compensation to cover treatment, medical and hospital costs.

Our law office sends our condolences to Ferreira’s family and hope that the injuries suffered by the other pedestrian heal soon.

Fatal Oxnard Truck Accident Kills Young Boy

November 28, 2018 Injury Lawyer San Diego 0

6-year-old Anthony Martinez was killed in a tragic pickup-truck wreck that occurred on November 24, 2011, around 4:20 p.m. at the 1300 block of W. Olive Street. According to Cmdr. Tom Chronister, Martinez was riding his bike along the sidewalk, entered the street, and was struck 50-year-old Jesus Calderon Ruvalcaba.

Martinez suffered fatal injuries and was pronounced dead at the accident scene. From the available information, it is unclear what led to this serious truck wreck. Was the driver speeding? If it is found that the truck driver was driving negligently or recklessly, then he might be held liable for the young boy’s death.

Meanwhile, the injured juvenile’s family members should immediately seek counsel from an experienced Ventura County bicycle accident lawyer who would educate them about their legal rights. This lawyer may also help young boy’s parents obtain compensation to cover treatment, medical and hospital costs.

Our personal injury law office sends sincere condolences to the young boy’s parents.

Answers to Personal Injury, Wrongful Death, and Car Accident Questions

November 27, 2018 Injury Lawyer San Diego 0

Q: What can threaten my California slip and fall claim?

A: If you have suffered injuries after falling on slippery tiles, you should speak to a San Diego injury law firmto discuss filing a California slip and fall claim. Denial, low settlement offers, and unfair adjusters could ruin the outcome of your California slip and fall claim.

Since this kind of claim can be very difficult to pursue, it’s best that you don’t try to tackle it on your own. Therefore, you should know about the various ways in which your claim could be minimized or denied when you’ve fallen on slippery tiles so that you can help your law firm build your case.

Threats to a California Slip and Fall Claim

Keep in mind that insurance adjusters will try all sorts of tactics to settle your claim as quickly and cheaply as possible. It doesn’t matter if you have suffered a traumatic brain injury while losing your balance on slippery tiles.

One threat to your claim is that it could be outright denied. Insurance companies will search for any loopholes that put you at fault or cast doubt on your version of how your accident occurred.

Another threat is that you may be offered an unfair settlement. A San Diego injury law firm can help determine whether a settlement is truly fair and will address any future medical or vocational needs. If you accept a low settlement before you realize the full extent of your injuries after you slip and fall on slippery tiles, you will not be able to ask for more damages.

Your claim could also be threatened if you think your insurance adjusters are fair. Be advised that their goal is to save the company money, not to look out for your best interest.

Act Now For Help With Your California Slip and Fall Claim

If you or a loved one have been injured in a slip and fall accident in California, we are here to help. When you’re ready to get started on your case, simply contact our law offices online or by phone. The consultation is free!

San Diego Wrongful Death Law Firm

November 27, 2018 Injury Lawyer San Diego 0

Money Can Never Replace the Hole Left Behind by the Loss of a Loved One, It Can Ease the Financial Pain that the Family Members Must Endure. We Can Help the Dependents Obtain the Monetary Help They Need.

Money can never replace the hole left behind by the loss of a loved one. However, justice and California law requires a negligent party to pay for all the damage they cause, including the death of another person. Making sure your family obtains full justice means receiving money that can ease the financial pain that the family members are burdened with after someone close has died.

In the event of a fatal accident in San Diego caused by the negligence of another, the surviving relatives of the deceased victim have the right to make what is called a wrongful death claim. In a wrongful death claim, the surviving family is asking for monetary damages for the loss of their loved one.

In the state of California, a wrongful death claim generally consists of four elements:

  1. The death was caused, in whole or part, by the conduct of the defendant;
  2. The defendant was negligent or strictly liable for the victim’s death;
  3. There is a surviving spouse, children, beneficiaries or dependents; and
  4. Monetary damages have resulted from the victim’s death.

Who Can Sue?

First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent.

If these claimants do not exist, then the next in line in order are the person’s parents, siblings, children of deceased siblings, grandparents, and then their linear descendants.

If none of these claimants exist, it can become a bit more complicated. The second group of claimants includes a putative spouse (someone who can prove that they were married to the decedent but not married by law), children of the putative spouse, stepchildren, and parents of the decedent.

When Must I File a Wrongful Death Claim?

Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. In the state of California, the time limit, also called the statute of limitation, is about two years, with a few exceptions.

If you do not file your wrongful death action on time, you will be barred from filing it all together.

How Much and What Can I Sue For?

California law governs the amount of damages that can be recovered by beneficiaries.

Family members can sue for compensatory damages, which cover medical costs, funeral expenses, lost wages, grief, and loss of companionship.

Punitive damages may also be awarded in a wrongful death case if the defendant’s actions were particularly reckless and heinous. These damages are distributed among the survivors.

Contact a Wrongful Death Claim Lawyer

Because of the potentially high amount of monetary damages that can be recovered from a wrongful death claim, insurance will go to great lengths to defend themselves from these actions. It is best to have a dedicated wrongful death claim attorney by your side to make sure you get the best representation possible.

Our wrongful death claim lawyers will make sure you get the reparations you need and deserve. Contact our personal injury law office to set up a free consultation.

Dangerous Product Case Opinion Limits the Rights of Californians

November 17, 2018 Injury Lawyer San Diego 0

The California Court of Appeals for the Fourth Appellate District recently handed down a decision in the case of Gonzalez v. Southern California Gas Company that can only be described as questionable at best and destructive to the rule of law at worst.

A young girl died after her car hit a gas meter that was along the side of the road and not properly covered as required by federal law—a law that was created due to the foreseeability of accidents like this one. The jury ruled in her favor, but the Court of Appeals decided to reverse the verdict, leaving her family without justice. What makes it worse is that the Court decided NOT to publish their opinion for official review and authority—an indication that the justices may have realized that their ruling was unsupported by existing case law.

Our San Diego injury lawyer website recently wrote a brief article detailing the events of this defective products lawsuit and why this is important to everyone to read and understand. The Court decided not to provide the public with protections that previous courts and Congress had intended gas companies to install. Please read our article on this outrageous tort reform opinion for the full story.

The California Court of Appeals Recently Handed Down a Horrible Tort Reform Opinion Affecting All Californians Injured by Dangerous Products. Here is How this Court Ruling Will Limit Your Legal Rights.

Recently, our office heard about an unfair decision involving a fellow San Diego dangerous products lawyer that was handed down by the Fourth Appellate District of the California Court of Appeals in the case of Gonzalez v. Southern California Gas Company. It involved a 17-year old girl who was killed when her car veered off the road and struck a Southern California Gas Company (SCG) unprotected gas meter which was located 11 feet, 4 inches from the curb along the road. Upon impact, the gas meter exploded and caused a fire that engulfed her vehicle. Although she was able to escape the burning vehicle, she later died from burn injuries which engulfed 80 percent of her body’s surface.

Prior to the accident when the gas line was first installed, SCG was required by federal law to protect the gas line from foreseeable collisions. The tragic part of this incident is that had SCG protected the gas line as it was legally required to do so, the girl would have only suffered a cut lip. The case went to trial and the jury found that SCG had a duty to protect the victim by coving the gas line and that it’s failure to do so was a substantial factor in causing the girl’s death.

SCG predictably appealed this decision to the Court of Appeals in California. But in a shocking turn of events, the Court decided to overturn the family’s wrongful death verdict and stated that SCG did not owe a duty to protect the gas line. The court wrongfully stated that this type of collision was “not foreseeable,” therefore, the jury verdict was disregarded and SCG was not held liable.

What the Appellate Court did was wrong, and even worse, their decision runs afoul of previous California decisions. There are three separate cases that this Court decided to distinguish its’ opinion from, including the California Supreme Court opinion in Bigbee v. Pacific Tel. & Tel. Co., 34 Cal.3d, 49 (1983).

Most cases of this magnitude are published so courts and attorneys can cite to it. Case precedent is important because the public needs to know what the law is, and how courts interpret the law. However, in shocking fashion, this Court decided NOT to publish their opinion for others to see. It would be one thing for the Court to publish their opinion to the public and allow it to stand up to public scrutiny and review, but the Court (for whatever reason) decided a case that contradicts prior case precedent should not be published. My opinion is that the judges knew that their decision was wrong and without basis and they did not publish their ruling in hopes that it would not be challenged.

So why should this Appellate Court opinion matter to you? For starters, it proves that the Courts do not always do the right thing. Judges are humans too, so sometimes they do not always come to the right decision. This is why it is important that you hire an attorney that is willing to fight and speak out when a Court makes bad decisions.

Fortunately, the trial attorneys for the victim’s family is appealing the Court of Appeals ruling to the Supreme Court. We hope that the Supreme Court accepts their appeal and overturns this poor ruling.