Man injures California teen in attack with a hammer

Posted on February 8, 2017January 26, 2023 by wmlawyers

People pursue injury claims in civil courts for a wide variety of reasons. Whether it’s a car accident or a case of medical malpractice, many claims are pursued as the result of one or more parties’ negligence. These injuries are the result of a failure to act with caution or care.

Although negligence is the genesis of many civil claims, people may also have grounds to file an intentional tort, a lawsuit resulting from a conscious action. After all, a person’s actions — whether or no they are intended — can cause a person and their loved ones to incur financial and emotional damages.

Not long ago, a 48-year-old man attacked a 16-year-old boy in San Bernardino County. According to reports, the man struck the teenager with a hammer over the head and then tried to flee. Fortunately, police were able to track down the attacker.

Immediately following the attack, the teen was airlifted to a hospital to receive treatment. As a result of his serious injuries, the boy was listed in critical condition.

Law enforcement officials were uncertain of the cause of the attack at the time of reports. Regardless, the 48 year old was arrested and charged for attempted murder.

For the young victim, the road to recovery could be rather long. Beyond the physical injuries caused by the attack, the boy may have to deal with anxiety or other emotional concerns. As such, it may be in his best interests if his family weighs legal options extending beyond the criminal charges brought by law enforcement.

Source: The Associated Press, “Gregory Richmond Hit Teen In Head With Hammer: Cops,” Jan. 17, 2014

New motor vehicle laws took effect in California on January 1

Posted on February 8, 2017January 26, 2023 by wmlawyers

On January first, a number of new laws affecting California drivers took effect. Most of these laws were enacted in order to prevent motor vehicle accidents, though some simply serve to help state regulators track important initiatives like air quality control and emissions standards. In today’s post, we’ll talk about a few of these changes and how they might affect California drivers in 2014.

First, it is now illegal for motorists under the age of 18 to read, write and send text messages while driving. This is true even if the novice drivers are using hands-free devices to text.

Second, it is now illegal for a relative or revocable trust to inherit and transfer ownership of a vehicle from a deceased person until all toll-violation and parking fines are paid. This is not a safety matter, but it does speak to how serious the California Department of Motor Vehicles is about ensuring that all fines levied are properly paid.

Finally, one important act will not take effect until September 16 of this year, but motorists should begin behaving in accordance with this act now. In an effort to reduce the number of preventable bicycle collisions with vehicles that happen daily across the state, legislators passed the Three Feet for Safety Act. This new law requires motorists who are passing bicyclists traveling in the same direction to give those bicyclists no less than three feet of room upon passing. If it is not at all possible to give a bicyclist this much room, a motorist must slow down and only pass the bicyclist when no danger is present to him or her.

Source: Sierra Sun Times, “California DMV Reminds Motorists of New 2014 Laws,” Dec. 24, 2013

Fatal pedestrian accident prompts lawsuit against ride-sharing co.

Posted on February 8, 2017January 26, 2023 by wmlawyers

There are many ways to get where you’re going in the Bay Area, and new modes of transportation are popping up all the time. In San Francisco, for instance, real-time ridesharing services by companies like Uber have provided creative alternatives to taking a taxi or riding the bus.

But when it comes to companies and services like real-time ridesharing, liability for auto accidents can be a complicated issue. In San Francisco, a recent auto accident that killed a 6-year-old girl has prompted a wrongful death lawsuit against Uber.

According to the complaint, the 57-year-old driver struck the victim in a crosswalk while providing ride services through Uber; a claim which the company disputes. He was reportedly logged on to the Uber app at the time.

The dispute may center, in part, on what types of actions signify that a driver is working for Uber at any given time. The attorney representing the family noted that “whether or not a fee-paying passenger is in the car, if the driver is on the app and GPS, they are providing a benefit to Uber and their use of the app creates an unlawful risk of distraction that leads to the very type of injury and death we see here.”

The company shares in the profits every time its software connects those in need of transportation to drivers willing to transport them in private vehicles. The plaintiffs’ attorney argues that because Uber shares in the profits of its drivers, it also needs to share in liability when those drivers cause accidents.

This lawsuit is important not only because it involves the death of a young child, but also because it could potentially set a precedent for similar real-time ridesharing liability lawsuits in the future. Should Uber be held liable? What do readers think?

Source: San Jose Mercury News, “Uber sued for wrongful death of 6-year-old San Francisco girl,” Terry Collins, Jan. 27, 2014

Let’s make 2014 a year of motorcycle safety in California

Posted on February 8, 2017January 26, 2023 by wmlawyers

Whether traveling here in the Bay Area or anywhere else in California, the roads are almost always more dangerous for motorcyclists than for drivers in cars and trucks. Unfortunately, motorcycle accidents often lead to serious injuries or death even among riders who exercise all practical precautions.

Adding to the danger is the often adversarial relationship between motorcyclists and drivers of four-wheeled vehicles. Motorcyclists may say that drivers rarely keep an eye out for riders and give them too little room on the road. For their part, drivers often accuse motorcyclists of riding recklessly, speeding and weaving through traffic in ways that make them hard to see. Both sides may be equally right and equally wrong, but the California Highway Patrol wants to help these two groups share the road more safely.

The CHP is in the midst of a year-long campaign to reduce motorcycle accidents and injuries and to educate the public about motorcycle safety. The CHP’s efforts include plans to set up information booths and well-attended public events and to designate periods of extra traffic enforcement. The periods of increased enforcement planned for later this year will focus on behaviors (by both motorcyclists and drivers) that increase the risk of a motorcycle accident.

No matter what you drive or ride, we all have a part to play in maintaining road safety; particularly when it comes to preventing motorcycle accidents, injuries and deaths. Riders can protect themselves by wearing a motorcycle helmet and high-visibility clothing and by riding defensively. Drivers need to stay off their cellphones, keep an eye out for motorcyclists and always give riders plenty of space within their lane.

Source: The Press-Enterprise, “PUBLIC SAFETY: Campaign revs up on motorcycle safety,” Brian Rokos, Feb. 10, 2014

Wrongful death lawsuit puts ride-share insurance under scrutiny

Posted on February 8, 2017 by wmlawyers

In our post last week, we wrote about a wrongful death lawsuit in the wake of a fatal pedestrian accident in San Francisco. A young girl was struck and killed as she attempted to cross the street with members of her family on New Year’s Eve. The driver who struck her was one of many drivers providing service for Uber, one of the ride-sharing firms approved for operation in California last September.

Companies like Uber turn regular drivers with their own cars into a sort of part-time taxi service. Fares tend to be cheaper than traditional taxis. But this recent accident has raised a very important question: who is liable when someone gets injured or killed by a driver working for a ride-sharing service?

Insurance coverage for this business model is still somewhat murky. In the event of an accident, insurance liability first falls on the driver/car owner who caused it. If the damages exceed the driver’s personal liability coverage, ride-share companies are supposed to make up the difference by carrying a policy worth up to $1 million.

In the wake of this fatal pedestrian accident, however, Uber was quick to claim that the driver was not carrying a fee-paying passenger and was therefore not working for Uber. As such, he would not be covered under the company’s insurance policy. Others disagree, noting that the driver was logged on to the Uber network at the time of the crash.

This accident and the resulting lawsuit have provided a proverbial “I told you so” opportunity to critics of the ride-sharing business model. The most vocal opponents have been those in the traditional taxicab industry.

In addition to concerns about when a ride-share company is and is not liable for an accident, there are also concerns that many individuals who drive for ride-sharing companies may be doing so in violation of their own insurance policies. Many personal auto insurance policies do not cover driving for hire. Commercial driving tends to be a bigger risk, which is why commercial insurance policies can cost up to 10 times more than a personal policy.

By the time that all insurance issues are ironed out, ride-sharing services might not be any cheaper than traditional cabs. This lawsuit will likely help set the tone for future liability cases in this burgeoning industry.

Source: L.A. Times, "California regulator warns about gaps in ride-sharing insurance," Marc Lifsher and Salvador Rodriguez, Feb. 5, 2014

Dozens injured and 2 killed in alleged drunk driving crash

Posted on February 8, 2017January 26, 2023 by wmlawyers

Each year, countless Californians flock to the South by Southwest festival in Austin, Texas. What started as a music festival has expanded to include a technology showcase that attracts some of best and brightest from Silicon Valley and other parts of California.

Sadly, a group of South by Southwest attendees was injured and two people were killed last night as an alleged drunk driver attempted to flee police. Early reports say that as many as 23 people were injured in the auto accident as the driver plowed his vehicle into a crowd outside of a nightclub.

The city’s police chief had strong words of condemnation for the at-fault driver, who allegedly caused the crash after being pulled over on suspicion of drunk driving and then fleeing. The chief said: “There is only one person responsible for this, someone with no regard for the sanctity of life. Our focus is on gathering evidence and seeking justice for the people who lost their lives.”

The two victims who died were reportedly on a motorized scooter and were the first bystanders to be struck when the sedan driver went through a barricade and traveled in the wrong direction down a one-way street.

It is sometimes hard to fathom how a single person making poor decisions can cause harm to so many in such a short period of time. Yet this is often the reality of drunk driving accidents. Hopefully, the alleged drunk driver will be prosecuted to the fullest extent of the law. Victims and their families may also wish to pursue civil lawsuits as well.

Source: The Chicago Tribune, “Car plows into crowd at SXSW music fest, 2 killed,” Mar. 13, 2014

Elderly drivers are safer motorists than experts had expected

Posted on February 8, 2017January 26, 2023 by wmlawyers

For several years, safety advocates and federal regulators have been particularly preoccupied with the safety of two specific groups of motorists. Both teen drivers and elderly drivers have received a great deal of attention in recent years because these groups are generally at greater risk of being involved in accidents than adults aged 20-70 are generally.

There are a number of reasons why novice and elderly drivers are considered to be at greater risk of Oakland auto accidents. Primarily, teens are at risk due to inexperience and elderly drivers are at risk due to the effects of aging. However, a recent study indicates that elderly drivers do not seem to be at as high of a risk for accidents as many experts expected that they would be at this point.

Approximately ten years ago, safety experts and federal regulators expressed growing concern that the increasing population of elderly drivers would soon dramatically impact accident rates for the worse. However, the Insurance Institute for Highway Safety recently released data which should alleviate these long-standing fears.

According to the IIHS data, elderly drivers are both less likely to be seriously or fatally injured if they are involved in accidents and are less likely to be involved in collisions than elderly drivers of previous generations were. Rather than impacting accident rates for the worse, current elderly drivers are safer than those elderly drivers who came before them.

This welcome news should be celebrated not only by elderly drivers themselves but also by all motorists who might come into contact with elderly drivers during their travels.

Source: Insurance Journal, “Grandpa and Grandma Much Safer Behind the Wheel Than Predicted,” Joan Lowy, Feb. 25, 2014

Parents, please pay attention to recalls

Posted on February 8, 2017 by wmlawyers

Parents of babies and young children tend to be incredibly busy people. If they are not working or pursuing their own interests, they are playing with their kids, running them to the doctor, making them food or are otherwise engaged in the act of parenting. It is of little wonder then that certain messages aimed at parents of babies and young children are not always properly received, because these individuals rarely have time to intently read every single notice and public service announcement that may affect them.

This communication challenge has made one child safety organization extremely concerned. Because while it is understandable that parents are very busy, the organization Kids in Danger has noticed that many are too busy to either check for or respond to critical safety recall notices affecting dangerous toys and other defective child and infant products.

According to a recent report compiled by Kids in Danger, only one out of every 10 child and infant products recalled from the market are returned or replaced. Some parents are not notified of these recalls, while others may stumble across some information about a recall but do not feel the need to act upon it with any sense of urgency.

The organization is urging manufacturers of recalled products to increasingly utilize social media as a means of notifying parents about recalls. Given that many parents connect with friends, family and organizations over social media, this push makes sense. In addition, it is important for parents to not only act on recalls that they are notified about but also to consistently search for the latest recalled products. Many products purchased second-hand are recalled and searching for recall updates is generally the only way that parents can reliably remain informed about these specific recall efforts.

Source: USA Today, “Only 10% of recalled kids products fixed or returned,” Alicia McElhaney, Feb. 21, 2014

Stroller manufacturers held to higher standard for safety checks

Posted on February 8, 2017January 26, 2023 by wmlawyers

Parents of young children often go to great lengths to prevent their children from being exposed to harmful products. For example, they might ensure that small choking hazards or toxic materials are well out of reach. Although these may be clear safety hazards for infants and toddlers, trends in recent years show what might be a more concerning — and perhaps less obvious — dangerous product.

Accident data from the Consumer Product Safety Commission showed a disturbing trend of stroller-related accidents among children between 2008 and 2012. In response, the CPSC has rolled out new safety requirements for manufacturers.

The new safety requirements primarily focus on the process stroller manufacturers use to test components of their products. In the past, the following stroller parts have been identified as safety hazards and will now undergo more stringent safety tests:

Buckles
Cords and straps
Seats
Hinges

Most of the tests are to check the overall stability of strollers. Without adequate reinforcement in the seats or hinges, for example, there was a risk of child injuries if their strollers suddenly collapsed.

In more serious cases, inadequately tested stroller components were causing strangulation or limb amputation. In children were caught in straps or had a finger pinched in a hinge that collapsed too easily, they could suffer permanent injuries.

Before products become publicly available to consumers, manufacturers have a duty to make sure they are inspected to prevent unnecessary injury. After all, parents should be able to expect that the products they purchase are actually safe for intended uses.

Source: Courthouse News Service, “Stricter Safety Tests Required for Strollers,” Jon Chown, March 13, 2014

What families can do to help teens avoid distracted driving

Posted on February 8, 2017January 26, 2023 by wmlawyers

We have previously written about the increasingly prevalent problem of distracted driving. Although driving distracted is a chosen behavior and not a “disease” in the traditional sense, the scourge of distracted driving car accidents has prompted responses from agencies like the Centers for Disease Control and Prevention. A recent report from the CDC noted that distracted driving kills nine people and causes injuries to 1,060 more each day on U.S. roads.

As with most diseases, the best cure for distracted driving is prevention. And prevention efforts should be focused on our most vulnerable and susceptible drivers: Newly licensed teenagers. In today’s post, we’ll talk about what actions California drivers can take to address a problem that puts all of us at serious risk of an auto accident.

Studies show that teen drivers are likely to start engaging in “high-risk secondary tasks” as they get comfortable with the routine aspects of driving. If you are the parent or grandparent of a teen driver, you may have much more influence than you realize. You can impart wisdom in two ways: By example and by communicating clear expectations and rules.

First, please make the choice to drive distraction-free each and every time you get behind the wheel. This sets an example for the teenager in your life that texting and other distracting activities are not safe or acceptable even among experienced drivers.

You may also want to set specific rules and expectations for your teen driver about avoiding distraction behind the wheel. When your teen is driving and hears that they have a new text message, they’ll be less likely to read it immediately if they have your voice in their mind saying: “The family rule is that we drive first and talk or text later.”

California has laws against cellphone-related distractions behind the wheel, but we all know that enforcement is not effective enough to be a significant deterrent. That’s why it is so important for each of us to make a commitment to drive distraction-free and to send that same message to those we love.

Source: USA Today, “Distracted driving: What you can do,” Heather Frank, Feb. 14, 2014