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School Bus Stop, Accidents, California, AttorneyWhile taking a bus to school is safer than walking or riding in a car, school bus stops also pose their own dangers. According to the Transportation Research Board, an average of 20 children die each year from school buses, with five fatalities occurring inside of the bus, five happening when children are struck by other vehicles and 10 occurring when children are struck by the bus itself. Another 6,000 are injured.

Causes of Accidents

Some accidents happen because drivers ignore school bus stop-arms, driving around the bus and striking children. Others happen when a bus driver fails to see a child and strikes them. Some happen when a child is getting on or off of the bus. Finally, some accidents happen because of poorly chosen bus stop locations. Poor locations may include those that are along roads with higher traffic speeds, next to roads with multiple lanes, near railroad tracks or in areas with poor visibility for both other drivers and children. A recent case in El Dorado County demonstrates the potential dangers of school bus stops for children.

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DUI Accident, Ventura CA, Lawsuit, AttorneyA jury in Ventura, CA recently reached a verdict about a DUI crash that occurred almost three years ago. The case involved a man named Francisco A. Briones, and the claim was against Christopher Lee Zink. The victim was only 21 years old at the time of the accident and had his entire life ahead of him. The accident occurred at 5:00 a.m. when Briones was driving to work at a nearby warehouse. He was in his parent’s uninsured vehicle at the time.

Mr. Briones was hit by a drunk driver who had a blood alcohol level of .14. In addition to being drunk, the driver had also suffered from sleep deprivation. The crash occurred because Zink had fallen asleep while he was driving. Briones ended up as a quadroplegic from the incident.

The case was different from an ordinary personal injury case because Briones did not have insurance coverage at the time of the vehicle, and he did not own the car. Zink’s defense attorneys tried to make those two issues shine against the victim. Zink’s faults were too heavy to outshine the plaintiff in wrongdoing, however. The court ended up ruling in favor of Briones because he posted a payment met the necessary financial requirements.

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DUI, Traffic Accidents, Injury ClaimsA San Diego jury awarded a plaintiff $1.5 million on Feb. 5, holding that On The Border, a Mexican chain restaurant, was liable for one of its employee’s drunk-driving hit-and-run accident. If the case survives an appeal, the decision could potentially have a huge impact on the meaning of the scope and course of employment in future cases, which determines whether or not an employer may be held liable for the actions of their employees.

The Case

In the incident, an employee of the Mission Valley restaurant stayed there after he had gotten off from his shift in order to have some drinks with his coworkers to celebrate his birthday. The group stayed for around three hours before heading home. Intoxicated, the defendant still decided to try to drive himself home after the party. While he was on his way, he struck and severely injured a Taiwanese foreign exchange student who was riding his skateboard in the bicycle lane. Instead of stopping, the defendant then drove off. The California Highway Patrol was later able to find the defendant, and he pled guilty to a felony count of hit-and-run driving.

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truck accidents, trucking company liabilityLet’s say you are in your vehicle headed to the grocery store and waiting at a stop light. You look up in your review mirror and see a truck twice the size of your hatchback barreling towards you. The driver is looking down at a cell phone, and he’s not slowing down. He rear-ends your car. You’re injured, and now you have medical bills and missed time from work.

The commercial truck driver isn’t the only one who may be held responsible for your injuries, medical bills and time lost from work due to vicarious liability. The trucking company who hired the truck driver can be held vicariously liable for the driver’s negligence under a legal principle called “respondeat superior.” That means “let the master answer.” The theory holds an employer liable for an employee’s negligence, like the trucker looking at his cell phone while in the course of his employment in our example.

For an employer to be held liable, the negligent act has to occur within a set of determining factors:

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California, Motorcycle Accident, AttorneyA recent case in Santa Clara County in which a plaintiff motorcyclist sued a motor vehicle driver for negligence in a motorcycle and car accident case resulted in a verdict of nearly $1.2 million for the plaintiff. The defendant driver had claimed the motorcyclist was negligent and thus at least partly liable for the accident.

Case background

The plaintiff in the case was traveling along Highway 101 in the first lane of traffic on his motorcycle directly behind the defendant driver at 9:00 a.m. on a Monday morning. The defendant reportedly was distracted by another vehicle’s custom license plate and failed to notice that traffic had slowed in front of him. When he did notice, he slammed on his brakes in order to avoid hitting the vehicle in front of him, causing his car to fishtail and enter the second lane of traffic.

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Bicycle Riding, Los Angeles, Accidents, InjuriesLos Angeles bicycle accidents are, unfortunately, on the rise especially in certain parts of L.A.  Bicycles have increasingly become popular again as more people move into the larger city areas. The need for transportation in these areas is always in high demand, and own and operating a car is not always practical for city life. Public transportation is not always reliable or available and some people just prefer not to ride a bus or train.

With all of this in mind, cities have been adding bicycle lanes and creating more bike routes to accommodate this increase in bicycle traffic. While these improvement have enabled more people to use their bicycles safely, there are still many bicycle accidents that occur each year.

New Mapping Project Helps Target High Risk Areas For Cyclists

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Fire Accident, Burn InjuryBurn injury claims are some of the most serious personal injury actions in California. Such was the case in a recent lawsuit involving the severe burning of a minor in a public park has become a precedent setting decision after it was ruled that the defendants in the case, East Bay Regional Park District and Girl Scouts of Northern California, were liable for the injuries caused to 10 year old Fabio Hornischer’s hand and arm in a fire pit.

Circumstances Of The Case

On June 2, 2012, Fabio Hornischer received injuries when his hand and arm slipped into a fire pit that had not been completely snuffed out by the park authorities, even after they had duly inspected the area. Underneath a layer of ashes were several live embers that were still burning, thus causing second and third degree burn injuries to young Hornischer.

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Construction Site, Accident, Injury, Attorney, Los Angeles, CaliforniaOn October 20, 2011, a young California man, who was employed as a union carpenter for Ghilotti Construction, fell and injured his back while working on a bridge. The incident occurred as the result of a piece of uncapped rebar snagging the worker’s pant leg and causing him to fall. He was wearing a 50 pound utility belt at the time of the fall, and his leg remained about two feet in the air, both of which exacerbated the injury he sustained.

The carpenter (plaintiff) did not report that he was injured at that time, but his foreman observed the fall and remarked that it looked like it hurt, although he denied making the comment later at trial. The plaintiff and the foreman both testified at trial that workers did not like to report workplace injuries for fear of reprimand and/or losing their jobs.

The plaintiff returned to work the day following the incident, but became concerned when he was unable to lift a 20-pound pipe, an action that he normally could complete with ease. The plaintiff’s foreman claimed that the plaintiff said that he had been hurt at home and that he was not aware of any injury sustained at the job, but that claim was negated when the foreman’s friend and neighbor testified that the foreman knew of the injury and was concerned about losing his job for letting it occur on his shift.

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With beautiful weather and scenic views, California attracts walkers and cyclists alike. In addition, people flock to the outdoors to combat health risks, such as stress, obesity and heart disease, and improve their overall health. However, the downside involves an unforeseen safety risk for these health-conscious people: More than ever, walkers and cyclists are likely to be hit by a vehicle.

Statistics Show the Increase in Crashes for Walkers and Riders

Bike Crash, Bicycle AccidentThe Government Accountability Office released data that showed that pedestrian fatalities increased by 3 percent – from 11 percent to 14 percent – between 2004 and 2013. During the same time frame, the numbers increased from 1.7 percent to 2.2 percent for cyclists. However, overall traffic deaths dropped by about 25 percent – from 43,000 to 33,000 – during that period.

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Orange County CA, Pedestrian, Bicycle, Accident, AttorneyOrange County, CA has experienced a surge in bicycle and pedestrian accidents resulting in injury or death in the past few years.  Pedestrian and bicycle incidents are occurring more frequently as each day passes. In fact, by some estimates, a pedestrian is struck and killed in the O.C. every six days and the numbers have gone up so much in Orange County CA over the past few years that county administrators decided to invest in pedestrian and biker safety. The county no longer wants people to know it for its title of “most dangerous county” for bike riders in the state of California. Instead, it wants people to know it as a county that takes the life of every human being seriously.

The Tragedy of a Pedestrian or Bicycle Incident

Walking and biking accidents are such a tragedy because they mostly occur because of neglect. Neglect occurs when a person or party either acts or fails to act in a way that is in the best interest of another party. All people are supposed to look out for themselves and for other people who share the roads and sidewalks at all times. More often than not, drivers do not yield to walkers. Such drivers may not see the walkers or the bikers because of various distractions. In some cases, outright defiance causes the incidents. Furthermore, rushing causes more occurrences than any other causes. Workers rush to their jobs; students rush to school; anxious persons rush to the stop sign.

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