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San Jose Personal Injury Law Blog

Temporary workers experience higher rates of severe injuries

Temporary labor continues to be prevalent throughout California and continues to rise nationwide. An assessment of workplace injury data performed by the federal Occupational Safety and Health Administration found that temporary employees suffer on-the-job accidents and injuries more often than those who are permanently employed.

Research published by ProPublica also supported this finding with figures that showed that temporary laborers faced injury rates twice as high as people in permanent positions. The research focused on severe injuries in which workers were crushed, broke bones or suffered punctures and lacerations.

Wrongful death lawsuit filed against Suge Knight

The filming of a commercial for the upcoming film "Straight Outta Compton" turned deadly on California streets in January 2015 when a dispute erupted among Suge Knight, Dr. Dre, Ice Cube, and other workers near the set. Knight, age 50, appeared uninvited at the commercial shoot, and the resulting fight ended with Terry Carter dead and three other people injured after Knight ran them down with his truck in the parking lot of a Los Angeles burger restaurant.

Carter's family has filed a wrongful death suit against Knight, Dr. Dre, Ice Cube, Universal Studios, and other named defendants. The lawsuit named the movie studio because it allowed the commercial to be shot in a dangerous neighborhood and also allegedly allowed gang members to be hired for security. Negligent hiring and premises liability are the basis for the claims against Universal .

The effect of speeding on fatal car accidents

California drivers may be interested in some of the effects of speeding on fatal car crashes. While the overall number of auto fatalities has gone down, the percentage due to speeding has remained relatively steady.

According to the National Highway Traffic Safety Administration, speeding is one of the biggest contributing factors to auto collisions. The NHTSA classifies a speeding-related crash as one where a driver involved was charged with an offense related to their speed, or where an officer indicated that racing or speeding was a factor in the accident. In the years between 2003 and 2012 the number of speeding-related fatalities dropped by around 3,000. However, these car accidents still make up a similar percentage of total vehicle fatalities. For example, speeding was a factor in around 31 percent of car crash deaths in 2003, compared to 30 percent in 2012.

Graduated driver's licenses could curb teen crash fatalities

While California is among 15 states that prohibits teenagers from driving with other teens as passengers, its laws governing young drivers are far from the strictest in the nation. According to a 2012 analysis by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, the state could potentially substantially reduce the rate of fatal crashes among 15- to 17-year-old drivers and the rate of collision claims for 16- and 17-year-old drivers by strengthening its laws to match the current best-practices system.

The IIHS reported that no state's laws perfectly mirror its prescribed best practices for a graduated licensing system, which include prohibiting teen passengers in young drivers' vehicles as well as bumping up the minimum age for obtaining permits and licenses, restricting night driving and establishing a minimum number of supervised practice hours that must be met before a young driver obtains his or her intermediate license. Even Connecticut, which the IIHS identified as having the most robust graduated driver licensing laws on the books, could stand to benefit significantly from establishing guidelines for practice hours, night driving and the minimum licensing age. The Institute predicted a 17 percent reduction in deadly crashes and a 13 percent drop in teen drivers' accident claims if that were to happen.

California drivers and collision avoidance system technology

California motorists may have heard that the National Transportation Safety Board has once again called for collision avoidance technology in every new vehicle. On the subject of who should pay for the technology, the NTSB chairman explained that because drivers do not have to pay extra for seat belts, they should not have to pay extra for vehicles equipped with collision avoidance systems either. In its recent report, the NTSB suggests that collision avoidance systems could help prevent thousands of accident-related injuries and fatalities every year.

The agency believes that collision avoidance systems could significantly lessen the impact of or even prevent rear-end crashes. It went on to say that if the systems were made standard, the severity of more than 80 percent of rear-end collisions could be reduced. It has been estimated that this type of collision kills around 1,700 people each year and injures 500,000 more.

Jenner's attorneys seek to dismiss the case

On May 28, it was reported that Bruce Jenner, who was involved in a car accident that killed a woman in California in February, asked the court to dismiss the lawsuit that was filed against him. The lawsuit was filed against Jenner in early May by the deceased woman's stepchildren.

In February, Jenner reportedly collided with a Lexus, which resulted in the vehicle being pushed into oncoming traffic. The Lexus slammed into a Humvee, killing the 69-year-old female driver of the Lexus. Five individuals who were in the Humvee suffered injuries that were considered to be non-life-threatening. Jenner was reportedly uninjured in the crash. The plaintiffs claimed in their lawsuit that they suffered enormous damages and that Jenner was driving negligently when the accident occurred.

Mental health facility sued following suicide of actor's son

A California mental health care facility has been accused of negligence in a wrongful death lawsuit by the soap opera star Kristoff St. John and his wife. The litigation follows the 2014 suicide of the couple's 24-year-old son Julian. The young man took his own life after a long battle with schizophrenia. However, 'The Young and the Restless" star claims that the tragedy was foreseeable and could have been prevented if his son had received adequate care.

The wrongful death lawsuit claims that staff at the Long Beach facility attempted to cover up their allegedly negligent actions by falsifying documents. The St. Johns say that their son had tried to kill himself with a plastic bag three weeks prior to his suicide, which should have placed medical staff on high alert.

Conductor on crashed Amtrak train files suit

Many California residents have been watching the latest developments from the Amtrak crash near Philadelphia with a great amount of interest. Now one of the conductors who had been at work on the train when it crashed and suffered tremendous injuries has chosen to file a suit against Amtrak, alleging negligence.

The man had been taking a break when the train derailed and crashed. The force of the collision broke the man's back, neck and both shoulders. The injured man was then forced to extricate himself from the debris. Although there were many Amtrak employees on the train, and at least one other has already filed a lawsuit against the rail company, he is the employee believed to have suffered the most severe injuries.

Former mayor slightly injured in cement truck accident

California residents may be interested to learn that the former mayor of Atlanta, Andrew Young, was slightly injured in an accident in which a cement truck fell on top of his car as well as that of another driver. The man in the other car reportedly suffered serious injuries when both cars were crushed by the falling truck.

According to reports, the cement truck driver ran a red light and was allegedly driving too fast for conditions at the time of the accident. After losing control of vehicle, the truck fell on the two cars and spilled diesel fuel on the roadway. While Mr. Young reportedly was treated at the accident scene and then taken to the hospital as a precaution, the other man suffered serious injuries to his head and hands.

Some days are more dangerous than others for drivers

As most California drivers know, some days are better than others for driving. In general, many of these days are associated with national holidays or other days where it can be expected that there will be more drivers on the road. However, some of the days may be more unexpected than others.

National holidays are always going to be more dangerous for drivers than other days. For example, on Memorial Day weekend, the National Highway Traffic Safety Administration estimates that there are approximately 400 driving fatalities every year. New Year's Day, St. Patrick's Day and July 4th also sees a number of fatalities. For these three holidays, alcohol consumption appears to be a leading factor in any car accidents that occur. Thanksgiving and Christmas are also dangerous due to the number of drivers on the road. Many drivers during these two holidays also often drive while stressed, which potentially leads to more aggressive driving.

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John J. Garvey III

Attorney John J. Garvey, III

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