Auto Accident Lawyer

It sounds like the beginning of a lawyer joke , right?  I actually enjoy lawyer jokes.  Here’s one I like: Question – What’s the difference between a dead snake in the road and a dead lawyer in the road? Answer – There are skid marks before the snake. The variation is there are skid marks after the lawyer.  I always laugh at that one! Thanks to lawyers, these dummies are the only ones with head injuries However, would some products, be as safe as they are without the work of lawyers?  I’m inclined to think not.  I’m so thankful that changes have been to car safety laws to make them safer.  I feel much better about stepping into my car every day because of Here are some improvements to vehicle safety that came about because lawyers made a difference: GAS TANKS .  Several car manufactures, including GM and Ford, designed gas tanks placement, which resulted in fires and explosions even in minor collisions.  As a result of litigation, gas tanks are now universally located within rigid frames. DOOR LATCHES .  Ford’s own engineers identified the problem with its “paddle-style” handles, which allowed the doors to accidentally open in collisions.  But rather than fix the design, Ford covered up the problem through red tape, until held accountable. AIR BAGS .  Auto manufactures have been developing air bag technology since the 1950s, yet were extremely slow in installing it.  By 1988, only two percent of new cars came equipped with air bags.  Courts found that manufacturers knew full well their cars were safer with air bags and that many lives could have been saved.  Eventually, manufacturers were forced to install air bags in all cars. PARKING .  Ford and Chrysler were two manufacturers that experienced systematic problems with transmissions that slipped out of park and allowed their “parked” cars to roll away.  In one instance, a pregnant woman was killed after trying to save her four-year-old daughter in a parked minivan that rolled away.  Ford eliminated the problem after being held responsible twice in court.  Chrysler ignored the problem against its own engineers’ recommendations, until finally litigation and regulatory investigations forced them to recall over a million affected vehicles. ELECTRONIC STABILITY CONTROL .  The popularity of SUVs eventually brought to light the electronic stability problems of certain models.  Ford’s Explorer, built on the already troubled Bronco II frame, experienced a rollover rate more than twice that of other SUVs.  One result of litigation on SUV rollovers was an increased emphasis on the development of electronic stability control. TIRES .  Tire manufacturers from Firestone to Goodyear tried to cover up problems with defective tires and have been held accountable in the courts.  Firestone’s defective tires caused 271 deaths, and the resulting litigation brought tires and their manufacturers under increased scrutiny. SIDE IMPACTS .  When a police officer was left paralyzed by a low-speed, side-impact collision, a court held that the absence of side protection was a design defect.  Now all cars are designed with rigid side-impact protection. ROOF CRUSH .  Vehicle manufacturers, particularly makes of SUVs, had long known roof strength was a critical weakness during rollovers.  Without adequate regulatory standards, it was only litigation that forced manufacturers to begin strengthening roofs. POWER WINDOWS .  As power windows became more common, so did deaths associated with them.  Children were especially vulnerable through accidental depression of rocker-style window switches.  The inexpensive solution, a lift-up style switch, was ignored by several manufacturers in order to cut costs, but litigation eventually forced universal acceptance of the safer switches. SEAT BELTS .  Court cases were a long way in highlighting the dangers of inferior seat belts, or no seat belts are all.  Once example was Chrysler’s defective Gen 3 seatbelt, installed in more than 14 million cars and proven to unlatch in accidents.  Both seat belts and seats themselves were redesigned in response to litigation. SEATS .  Safety engineers call the prevalence of weakened seats the “most egregious, widespread defect to be found.”  Weak seats can collapse in even low speed impacts and kill rear passengers.  Without adequate regulatory standards, only court cases were able to highlight manufacturers’ negligence and force them to install stronger seats in all cars instead of just certain models. So, next time you think of a lawyer joke, go ahead and laugh.  Just remember, we’ve done a few things right.

I love dogs.  My childhood dog was a German Shepard/Doberman Pincher mix named “Bear.”  She had the colors of a black bear, hence the name.  I have fond memories of her and I exploring the backwoods near our home, playing fetch on the lawn and swimming in local ponds.  She was a great dog with a mild disposition.  Unfortunately, not all dogs have such a disposition, whatever the cause may be. Of deaths caused by dog attacks, 44% of the fatalities in the United States are attributable to two breeds: Pit Bull dogs and Rottweilers.  (See “Are Laws Prohibiting Ownership of Pit Bull Type Dogs Legally Enforceable,” May 15, 2000, JAVMA [Journal of American Veterinary Medical Association].)  These breeds in particular are prone to cause devastating dog bite injuries because of the strength of their jaws.  It should be noted that these breeds, with the proper love and training, can be lovable dogs.  My references to dogs in this blog refers to any dog, not just Pit Bulls and Rottweilers. California Civil Code section 3342 states that dog owners are strictly liable for bites from their dog regardless of fault.  The Court in Hicks v. Sullivan (1932) 122 Cal.App 635, 637 held “. . . if the owner’s dog attacks someone, the owner should bear the economic cost of that injury regardless of any showing of fault and regardless of any showing of prior vicious propensities.” This case set legal precedence for future California dog bite law . However, there are certain limitations to strict liability in California dog bite cases .  First, the person who is attacked must in a public place or lawfully in a private place.  Second, there must be a dog bite.  However, this exception is loosely interpreted to include a bite on clothing or can be predicated on other grounds even if there was no attempt to bite.  Delfino v. Sloan (1993) 20 Cal.App.4th 1429. So, strict liability makes it fairly simple to show liability against a dog owner.  However, it is much more difficult to show liability against a landlord if the dog owner is a tenant.  First, the landlord must be previously aware of the dog’s vicious nature.  For example, the landlord must have knowledge of prior attacks or knew the dog had vicious and dangerous propensities .  This can include knowledge that the dog had a vicious reputation, the way the dog was kept and its size and breed.  Radoff v. Hunter (1958) 158 Cal.App.2d 770, 773.  Second, the landlord must have had the right to remove the dog from the leased premises. Lastly, the person who is attacked can be held completely or partially at fault if he or she knew the dog was vicious and could have avoided the attack or provoked the dog.  The facts here would have to be somewhat compelling, especially if it is known that the breed has vicious propensities. So, a dog can indeed be man’s best friend.  But, the wrong type of dog can lead to disastrous results to others and, in some cases, the pocketbook. To take a more proactive approach, check out the American Humane Assosciation’s overview of dog bites for more information on breed-specific legislation, dog bite statistics, and training your dog to avoid serious injury. If you or a loved one does sustain a dog bite injury, it is best to contact a California dog bite lawyer after seeking medical attention.

Investigators have concluded that a Moreno Valley woman was killed by neighborhood dogs in her home last week. The dogs responsible for the attacke were said to be Pit Bull-Weimaraner mixes. Moreno Valley Sgt. Jaime Briones says a forensic dentist determined that the dog bite injuries were indeed the leading cause of death. Police will ask Riverside County prosecutors to file involuntary manslaughter charges against the dog owners, whose names have not been disclosed.  The dogs have been quarantined.

Two people were killed and several others injured when a crowded minivan crashed into an oncoming flatbed trailer in a San Lorenzo car accident .  The driver of the minivan was traveling about 50 miles per hour when his vehicle moved into oncoming traffic.  The driver was apparently talking to a passenger seated behind him when his car began to drift. The trailer intruded into the left side of the van killing the driver and a rear seated passenger in this fatal Alameda County car accident .  The driver and the passenger were in their 30s.  All of the passengers that sustained serious injuries from the accident were not wearing seat belts. A total of five ambulances and four fire response crews with 13 firefighters came to the scene.  The crash is still under investigation by the California Highway Patrol .

One man died and five other people were injured last week in a Modesto big rig accident on Highway 99.  The truck failed to stop for slowing traffic on and crashed, triggering a five-vehicle, chain-reaction collision, according to the California Highway Patrol.  A man driving a black Nissan Frontier was pronounced dead at the scene, reported CHP officer Jon Peregoy to the Modesto Bee .  The passenger in the Nissan suffered major injuries and was rushed by ambulance to a local area hospital.  Both were wearing their seat belts. The crash occurred about 1:50 p.m. in the highway’s southbound lanes, just north of the Carpenter Road-Briggsmore Avenue overpass.  Peregoy said the big rig, which ws traveling behind the other vehicles, failed to stop in time and stuck the rear of the Nissan.  The Nissan was pushed into the other vehicles, causing a massive pile up.  Peregoy said there were no indications at the scene that alcohol or drugs were a factor in the crash. California has consistently ranked in top 5 States with the most fatal truck accidents .

Two Sacramento teenagers sustained injuries after being hit by a vehicle - Photo courtesy of the Sacramento Bee The Sacramento Bee reports that two teenagers were struck by a vehicle while crossing a busy street in Oak Park on October 19th at 8 a.m.  The teenagers were students at American Legion High School.  The vehicle was traveling eastbound on Broadway near 39th Street when it struck the teenage girls.  Both girls suffered serious injuries from the car accident and were reported in critical condition.  The 26-year-old driver of the vehicle stopped and was interviewed by officers.  The circumstances that led up to the accident are under investigation.

About 3 weeks ago, the Sacramento Bee published a tragic article about the death by drowning of a 2-year-old child from Carmichael. It is believed that the 2-year-old drowned while staying at a relative’s home in South Natomas. The little girl had been recently staying at the house with her parents.  Sacramento Police Department spokesman Sgt. Norm Leong said police received a call shortly after 12:30 p.m. from UC Davis Medical Center regarding the girl’s death.  Firefighters had responded to the home, where she was believed to have died from asphyxia due to suffocation (drowning) in the 5-foot-wide Koi Pond in the backyard.  Leong said her parents were inside the house, and the police are investigating the incident further.  This is a tragic accident and our deepest condolences go out to the parents. Although this may seem like an isolated incident, accidents like these occur rather frequently within the Sacramento area. Our firm has handled a similar case, providing legal guidance for a drowning accident . In this case, a young boy died in a rural pond. The pond was so algae-ridden that it looked more like a lawn instead of a pond.  It is critical that all bodies of water be maintained and, ideally, fenced properly.  We ask that you use caution around bodies of water, no matter how shallow they may be. If you are in need of a lawyer with drowning accident experience , please feel free to contact our offices. We are here for you.

Woodland residents 5 year-old Josue Navarette and 1 year-old Christian Ramirez were run over by different suspected drunk drivers on the same day.  “What’s the odds of this happening, for it to happen in such a small town?” said Woodland Mayor Art Pimentel.  Both children were listed in serious condition at UC Davis Medical Center in Sacramento.  Police booked Francisco Pinon-Martinez, 20, of Woodland for the incident involving the 5 year-old.  Police booked Alejandra Rameriz Lopez, 27, for the incident involving the 1 year-old.  Lopez was identified as the 1 year-old’s father.  “It’s a very sad day in Woodland . . . We need to do a lot better job in educating people.  When someone drinks and drives, these are the consequences,” Pimentel said. My heart goes out to the innocent injured children in this case.

How to keep your child out of the ER - and yourself out of court. I was at a picnic with my children when a friend asked me if she should get a trampoline .  I thought this was a strange question – she can do what she wants, it’s a free country!  Then, I realized she was asking me, as a lawyer, if she should get a trampoline.  In my professional opinion, did I think trampolines were safe ? Furthermore, she asked me if I thought she should have anyone who used the trampoline sign a liability waiver/release document before jumping on it.  Her family really wanted one, but she was worried about the associated dangers to her children and her children’s friends.  I can understand her concern. Trampolines cause many personal injuries, and can land an unprepared person in court, or an unsuspecting child in the emergency room. This is what I told my friend, and what I would tell anyone considering buying a trampoline. What You Need to Know: Everyone knows that trampolines can create injuries, so you need to do everything within your power to make the trampoline safe.  Every owner of a trampoline needs to be aware of the dangers . A trampoline owner is not automatically liable just because someone gets hurt ; the injured party would have to show that you were negligent with respect to the trampoline. The trampoline should be installed properly using manufacturer’s instructions/directions. The trampoline should have a safety net . The trampoline should be properly maintained , i.e. replace ripped safety nets, springs, make sure the trampoline unit is on solid ground and stable, etc. Supervise those using the trampoline , especially children.  Enforce rules against horseplay, multiple people using it at the same time, bouncing others (especially younger children) and flips.  Make sure visiting parents understand that you expect them to supervise their children on the trampoline. A liability waiver/release form signed by parents/guardians won’t hurt, but may be an awkward request.  You should understand that the waiver/release only provides notice, acknowledgment and acceptance of the danger and does not absolve you from negligence. Contact your homeowners insurance to find out if injuries sustained on your trampoline are covered.  Many homeowners policies exclude liability coverage related to a trampoline. The most common injuries obtained from a trampoline are a result of landing wrong while jumping (flips, etc.), attempting stunts, colliding with another person, falling or jumping off the trampoline and landing on springs or the frame.  Paralysis can occur if a jumper lands on his/her neck. Here’s my release language - My comments do not constitute a legal opinions and are offered for the purposes of discussion only.  The law differs in every jurisdiction/state, and you should not rely on my comments concerning your own case/issues.  You should immediate seek legal counsel in your particular jurisdiction before making decisions regarding a trampoline. To learn how you can prevent trips to the emergency room, read this article on preventing trampoline injuries . Need a Personal Injury Lawyer? If you or a loved one have been hurt in a trampoline accident , please feel free to contact the Law Offices of Frank Penney . I’d be happy discuss your case.

Vibrant and beautiful eleven year-old Virginia Graeme Baker (goes by Graeme) and her sisters attended a swim party at a friend’s house during the summer of 2002.  During the party, Graeme was found sprawled at the bottom of the hot tub.  Graeme’s mother tried to pull her up from the water with all of her strength, but to no avail.  Two men took over and broke the drain pipe in order to release her body.  Graeme’s body was held down by the spa’s suction drain providing her no release.  Graeme died upon arrival at the hospital.  Graeme was no ordinary girl, she was the granddaughter of former Secretary of State James Baker III.  Her accidental death lead to the Virginia Graeme Baker Pool and Safety and Spa Safety Act of 2007.  This Federal Law requires that all public pools/spas be equipped with specific equipment that is intended to prevent pool/spa deaths or injuries caused by entrapment, evisceration or entanglement, i.e. ASME/ANSI A112.19.8 standards. Joann Walker, 15, was held to the bottom of a hot tub by the powerful suction of the drain. Her thin bathing suit strap prevented a full vacuum from forming, and she escaped the encounter scared, but alive. (Janice Walker) Suction drains can hold children down by their hair, body, limb, bathing suits and even jewelry.  The Consumer Product Safety Commission has found numerous swimming pool/spa suction entrapment accidents over the years leading to serious injury and death .  It is unfortunate that it took the death of a beautiful seven-year-old girl to bring the matter to the public and to create safety laws. Unfortunately, there are many public pools/spas that are not in compliance with these new safety standards .  Many of those pools/spas are located in Northern California .  Furthermore, the Consumer Product Safety Commission (CPSC) has recently interpreted the 2007 law to not require back-up anti-entrapment systems in many as 150,000 public and hotel pools/spas.  This has created some outrage by parents with children affected by pool/spa suction accidents. Next time you let your children swim in a pool or a spa (especially one in a hotel or motel), be sure to check the suction drains and make sure they are ASME/ANSI A112.19.8 compliant.  It could be a matter of life or death.