The accident occurred in the early morning hours, at approximately 4 a.m., when a minivan barreled through the front window into the main lobby of the medical center. A janitor was struck by debris from the crash. Due to the early morning time of the crash, the lobby was mostly empty, so there were no additional accident victims. Police arrested the driver, who was not injured in the accident, at the scene. Though the van went completely through the front window, the lobby did not experience structural damage.
]]> When a driver acts negligently while behind the while, and that negligence causes an accident or injury to another, the driver could be held liable. Speeding and ignoring traffic signals can be negligent, as well as driving under the influence of alcohol or drugs. Distracting driving or falling asleep while driving, which is more likely in the very early morning, such as when this accident occurred, can also cause accidents. Courts take such factors into account when determining negligence.Reports did not indicate the cause of the accident, though authorities are investigating. A hospital spokesperson indicated that hospital officials would discuss placement of barriers outside the main lobby to prevent future crashes. Currently, there are barriers there, but their primary purpose is to separate pedestrian traffic on sidewalks from the road.
Source: SanLuisObispo.com, "Employee injured in driver crash at hospital," May 10, 2013
]]>Interstate 80 near San Pablo was recently the scene of a three-car accident that resulted in serious injuries to three people. A Toyota SUV made an unsafe lane-change while driving westbound on the highway; the Toyota struck a Honda. The driver of the Honda lost control of the vehicle and crashed into the center divider, flipping over the wall. The drivers of both vehicles were uninjured; however the three passengers in the Honda were all seriously injured and were taken to a local hospital. All three accident victims were wearing their seatbelts when the accident happened. A third vehicle was involved, but reports do not indicate whether the driver or passengers were injured. Currently, authorities are still investigating the accident.
]]> When on the road, a driver must exercise reasonable care under the circumstances, otherwise that driver could be found to have acted negligently. A driver who acts negligently can be found liable if others are injured due to his actions. Actions such as speeding, disregarding traffic signals or improperly passing or changing lanes may constitute negligence.Highway driving, in particular, requires that drivers pay attention and observe proper driving techniques and traffic rules. Because of the high speeds and many lanes of traffic, one bad decision can impact many other drivers and cause accidents.
Source: MercuryNews.com, "San Pablo: Major injury accident following unsafe lane change," Katie Nelson, May 3, 2013
]]>According to a recent news report, a 21-year-old man from Sonoma County, California was recently killed in a fatal workplace accident while working for Thermalsun Glass Products. The employee was allegedly using a cart at the production plant to move multiple large sheets of glass when the cart tipped over and the load of glass toppled onto him. According to a co-worker at Thermalsun Glass, each pane of glass weighed more than 100 pounds.
]]> The 21-year-old worker was crushed to death from the weight of the glass. According to one of the deceased's co-workers, the young man appeared to freeze when the glass began to tip towards him. He had reportedly only been with the glass company for four weeks when he was killed. While Thermalsun Glass Production has not received any safety violations, California state workplace safety regulators are currently investigation the fatal accident.Each day, workers throughout the U.S sustain catastrophic or serious injuries in preventable workplace accidents. While not every accident is the result of employer neglect, companies do have an obligation to provide a safe and healthy work environment and to reduce, as much as possible, the level of risk. If an employee is injured in a work accident due to an employer's negligence, that employee may be entitled to compensation for his or her resulting injuries.
The Californian, "Sonoma man crushed by glass in workplace accident," April 20, 2013
]]>Recently, a park worker fell while cleaning the exterior of a popular roller coaster ride, Space Mountain, at Disneyland. The worker endured broken bones, and was in critical condition after the accident. The California Division of Occupational Safety and Health conducted an investigation, and recently proposed a fine of $235,000 against the theme park in connection with the accident, and fined the contractor, who employed the worker $60,995. It was determined that the contractor failed to follow safety regulations by not ensuring that the worker had the proper anchors or tie-backs for performing maintenance on the exterior of the building.
]]> In addition to the possibility of fines by regulatory authorities, the employer of a worker who has been injured on the job may be required to provide workers' compensation insurance to the worker. This insurance provides compensation to injured workers, regardless of who was at fault for the injury. These benefits often include medical care, vocational rehabilitation and replacement income. Workers' compensation is intended to be a substitute for a lawsuit against the employer.Following the investigation of the incident, the Disneyland voluntarily closed down the Space Mountain ride, as well as the Soarin' Over California roller coaster ride, while the theme park is reviewing its safety protocols for employees.
Source: MercuryNews.com, "CA regulators seek fine after Disneyland accident," April 16, 2013
]]>An 18-year-old driver was recently involved in an accident with a school bus in Lake Elsinore. The 18-year-old's car was wedged partially under the bus, and the driver had to be cut from the wreckage. He has been hospitalized with serious injuries. The bus driver also was examined at the hospital. The bus was carrying three dozen middle school students on their way to Canyon Lake Middle School, none of whom were injured in the accident.
]]> At the time of the accident, the bus driver was at an intersection, preparing to turn. The bus driver did not properly judge the speed of the teenager's approaching car, according to the California Highway Patrol. The teen driver was unable to avoid the bus by stopping in time.Car accident liability is determined under legal theory of negligence. All drivers have to use reasonable care when driving, and when a driver fails in this regard, and that failure causes an accident, that driver could be found liable for any injuries to accident victims or damage caused by that negligence. Actions such as speeding, running stop signs or traffic lights or failing to use a turn signal are common factors that courts look at when determining whether a driver was negligent. In this type of accident, where two drivers are involved, courts may look at factors such as whether the bus driver used a turn signal or whether the teenage driver was speeding at the time.
Source: MercuryNews.com, "2 drivers hurt in Lake Elsinore school bus crash," April 12, 2013
]]>Recently, a VTA employee was killed when he was hit by a bus in the maintenance yard. The 62-year-old man was a 22-year veteran employee who was working his regular late-night shift. He was cleaning and fueling buses when the accident occurred. Another VTA worker was driving the bus that hit and killed the man. After the accident, he was taken to a local hospital, where he died.
]]> Laws vary by state, but many workplace injuries are covered by worker's compensation. When an employee is injured or killed on the job, they may be entitled to those worker's comp benefits. Benefits typically include monetary compensation for replacement income and retaining, as well as medical expenses associated with treatment of the injury and compensation for any injuries that are deemed permanent. In an instance where a worker has been killed in a workplace accident, the surviving family members may be entitled to benefits. However, worker's comp generally does not cover damages for pain and suffering.Cal-OSHA is currently investigating the accident, as well as the Santa Clara County Sheriff's Office. For both agencies, the investigations could take upwards of six weeks, and potentially as much as six months. The worker who was driving the bus has been placed on administrative leave pending the outcome of the investigations.
Source: MercuryNews.com, "VTA worker dies after bizarre accident in San Jose bus yard," Mike Rosenberg, March 30, 2013
]]>Recently, a Palo Alto pedestrian was struck and killed by a northbound train. The accident happened at a crossing between Palo Alto and Mountain View. The incident, which happened at about 6:50 a.m., caused a 90 minute delay. According to Caltrain, trains were making all stops, but were slowed to 10 miles per hour between stations.
]]> According to the Federal Railroad Administration Office of Safety Analysis, there were 121 highway-rail incidents in California in 2012. Of these, about 29 percent of the incidents involved a fatality.In many circumstances, where a pedestrian has been injured by a moving vehicle, the driver or operator could be found liable if the driver or operator was negligent. However, a pedestrian must also exercise reasonable care for his own safety. This means avoiding dangerous situations and reasonably anticipated danger-for instance, by using marked crosswalks and crossing only when the "walk" signal is displayed. Many train crossings generally have signals or gates to alert pedestrians and vehicles alike when a train is coming and when it is unsafe to cross. Failing to heed these signals may constitute pedestrian negligence that contributes to the injury.
This tragic death is the fifth death of a pedestrian on Caltrain tracks this year; there have been three fatalities in Palo Alto alone. Authorities are still investigating the death, and have not yet determined whether it was accidental.
Source: MountainView.Patch.com, "Caltrain Victim Identified as Palo Alto Man," Beatrice Karnes, March 28, 2013
]]>Recently, an elderly man was hit by a car that was making a right turn while he was crossing the street. The man experienced head trauma and is in critical condition at a local hospital. The accident occurred near Mt. San Antonio College at about 6:40 a.m., and authorities are still investigating the cause. At this time, the driver has not received a citation.
]]> Pedestrians are particularly susceptible to injury when stuck by vehicles. According to the National Highway Traffic Safety Association (NHTSA), over 78,000 pedestrians are injured per year by car accidents. Pedestrians who are injured by a driver may be able to recover damages against that driver if the driver acted negligently. Generally, drivers are required to use reasonable care, which typically means abiding traffic signals and the speed limit. Drivers must exercise a special, greater, duty of care where children are likely to be present, such as near schools and residential areas.However, pedestrians must also use reasonable care. A failure to use reasonable care, such as by not using marked crosswalks or disregarding "walk" signals at intersections, may be found to have contributed to their injuries. In the event that a court finds that a pedestrian contributed to his own injury because of his own negligence, the court may reduce the damages available to him.
Source: Diamondbar-walnut.patch.com, "Elderly Man Hit by Car Near Mt. SAC," Melanie C. Johnson, March 21, 2013
]]>A pedestrian was hit and injured on a Wednesday during the morning hours, leaving him with injuries that were life-threatening. He was taken to the hospital. The male was not identified and only a baseball cap and pool of blood were left behind at the scene of the accident. The driver of the vehicle, whose identity was not reported, fortunately did stop and is reported to be cooperating with the investigation. It is not yet known if the pedestrian was in the crosswalk.
]]> Whether it's a Santa Clara or a San Jose car accident, the accident victims may have legal recourse if the driver was negligent in his or her actions. After an accident has occurred, victims are encouraged to record the incident with as much detail as they can. For instance, victims should obtain notes on conversations with potential witnesses and others involved in the accident as well as get their names and contact information. They should also get any other evidence such as the details on medical treatment.Drivers have a duty to obey the traffic laws and signals, and failure to do so might be deemed as negligence by a court of law. If a court does find in favor of a pedestrian victim, money awarded could include medical costs, lost wages and pain and suffering. Experienced attorneys can assist with determining the proper amount to seek in a pedestrian accident lawsuit.
It is unclear what, if any, charges may be brought against the driver in the above accident. The immediate concern is for the victim still recovering in the hospital.
Source: CBS SF Bay Area, "Pedestrian Hit By Car, Severely Injured In SF Outer Mission District," Jeffrey Schaub, March 13, 2013
]]>Recently, a 24-year-old volunteer at a California zoo was killed by a lion while the volunteer was cleaning the enclosure. During the cleaning, the lion was inside its feeding cage so that the animal would be separated from the enclosure. However, investigators believe that it escaped from its cage, allowing it into the enclosure to attack the volunteer. Cal-OSHA is conducting an investigation in whether the intern was performing a task that placed her in danger, as well as whether there was proper instruction to employees about the dangers.
]]> Generally, workers who have been injured in a workplace accident can get workers' compensation to cover their injuries. However, workers' comp statutes in many states exclude volunteers and casual workers from coverage. In a tragic situation such as this one, where a worker is killed in a workplace accident, the surviving family members may be able to bring a wrongful death action against the work place if the death was caused by the negligence of the company or entity.The zoo at which this incident took place is a private zoo that breeds and holds exotic cats, including lions, tigers and lynx. The zoo does not have accreditation from the Association of Zoos & Aquariums or the Global Federation of Animal Sanctuaries, both of which are voluntary. Zoo representatives stated that the zoo has been incident-fee since they opened in 1998.
Source: MercuryNews.com, "Coroner's office says lion escaped cage to attack," Tracie Cone and Gosia Wozniacka, March 6, 2013
]]>That unfortunate circumstance happened to a San Benito bus driver, who was killed in a car accident on his way to work. He was riding a motorcycle to an elementary school at about 6:30 a.m. when he was involved in the crash, killing him. The driver of the car, a 21-year-old was taken to a local hospital and treated. Authorities are investigating the cause of the accident.
]]> According to the Centers for Disease Control and Prevention (CDC), more than 34,000 motorcyclists were involved in a fatal accident, and about 1,222,000 people were treated for motorcycle accident injuries between 2001 and 2008. Motorcyclists are at a higher risk for injury or death when they are involved in an accident than those who are in passenger vehicles, because they are physically more exposed without the protections of the steel fame of a car, air bags and seatbelts.Motorcycle accidents, like car accidents, are governed by the theory of negligence. If injured persons can show that the responsible party failure to exercise reasonable care under the circumstances, and that that failure caused their injuries, they may be able to bring a successful personal injury case for damages. In tragic circumstances where the victim is killed due to the negligence of another driver, the surviving family members may be able to bring a wrongful death action for an award of financial damages. These damage awards include award for loss of support, lost prospect of inheritance and medical and funeral expenses.
Source: ValleyMorningStar.com, "Bus driver killed in motorcycle accident," Fernando Del Valle, Feb. 22, 2013
]]>Recently, a Jeep SUV driven by a teenage driver crashed into another car on the highway, and flipped over onto the shoulder. Three teens were in the Jeep, and one was injured. The driver of the other car was not injured in the accident. Authorities stated that the driver "made an unsafe turning movement," and said that it did not appear that drugs or alcohol were involved.
]]> Drivers of all ages are held to the same standard when it comes to liability in a car accident: they must have exercised reasonable care under the circumstances. Failing to meet this level of care, such as by speeding or not using turn signals, can constitute negligence. If that negligence causes damage to someone else's property, or causes injury to another person, that driver could be held liable.According to the CDC, drivers between ages 15 and 24 account for 28 to 30 percent of the total costs of car accident injuries, and car accidents are the leading cause of deaths for teens. Teens, unlike their adult counterparts are particularly at risk because they may underestimate the level of danger in a situation and do not have as much on-the-road experience from which to make judgments. Additionally, teens who drive with other teens as passengers are at a higher risk of getting in car accidents.
In order to reduce some of the risk of accidents for teen drivers, minimizing distractions such as music, cell phones and even the number of passengers in the vehicle can be helpful.
Source: MercuryNews.com, "Teens flee freeway accident in Aptos," J.M. Brown, Feb 18, 2013
]]>Recently, a Saturday afternoon drive turned deadly for one Hayward man. A rollover accident happened on I-80, involving at least one vehicle. Authorities indicated that another man was injured in the accident and taken to a local hospital for treatment, but that the extent of his injuries was not known.
]]> Liability in a car accident is governed by the legal theory of negligence. Drivers are required to exercise reasonable care under the circumstances, and a failure to meet this level of care may be found to be negligence. If a driver is found to be negligent, and that negligence is deemed to be cause of another's injuries, that driver could be liable. Negligence can take many forms, including speeding, failing to use turns signals and ignoring dangerous weather conditions. Drivers can also be liable for behavior such as drunk driving, which may be considered reckless conduct, or conduct undertaking with a clear disregard for the probability that such driving may cause an accident.Accidents may also be caused by factors outside of a driver's actions, such as highways that are poorly or improperly maintained or poor or non-existent lighting or signage, or even defects in the vehicle itself. In these situations, the potential defendants could be any number of parties, such as the government entity that built or maintained the highway, or the manufacturer of the vehicle.
The cause of the accident and the number of vehicles involved is unclear. Two lanes of the highway were closed for several hours for investigation, but authorities have not indicated their findings.
Source: MercuryNews.com, "Richmond: One person killed in I-80 crash," Daniel M. Jimenez and Katie Nelson, Feb. 9, 2013
]]>A family of three, which was on a ski vacation, is among the seven people killed after their tour bus was involved in an accident while traveling through Southern California. An eighth person, a driver of pickup truck that was hit by the bus, also died. There were twelve others on the bus who sustained injuries.
]]> Authorities are investigating the cause of the crash, including the possibility of driver error or faulty brakes. Right before the crash, the driver is reported to have shouted to passengers that the brakes failed, and asked them to call for help. Interestingly enough, this model of bus has a history of brake issues.Many car accidents are impacted by the theory of negligence. Drivers must exercise reasonable care under the circumstances. Actions such as speeding, improperly changing lanes or otherwise disobeying traffic signals or traffic laws, can constitute negligence.
Driver fatigue is another common cause of accidents, and drowsiness has many of the same implications for driving as drunk driving does: slowed reaction time and reduced ability to pay attention to traffic and other vehicles on the road.
At the same time, some accidents may have been caused by factors that are not within the driver's control. Rather, a defect in the vehicle or a vehicle part could be the cause. In that situation, the manufacturer or supplier of the vehicle or the part could be held responsible in accord with product liability law. Since investigators believe that the recent bus crash could be result of faulty brakes, it may be important to gather the evidence necessary to determine if this crash was precipitated by a dangerous product.
Source: Mercury News, "Southern California tour bus collision death toll rises to 8," Julie Watson and Michael R. Blood, Feb. 6, 2013
]]>An off-duty sheriff's deputy for San Mateo County was killed recently in a tragic motorcycle crash. The officer, who was wearing a helmet, was heading southbound, when a car attempted to make a left turn in front of him. The motorcycle crashed into the side of the car. The driver, a 64-year-old woman, reported that she did not see the motorcyclist and authorities took a blood sample to test for drugs or alcohol. No charges have been brought at this time.
]]> A San Jose car accident can be tragic, and when a motorcycle is involved, it can be even more so because motorcyclists are exposed without the protective frame and air bags that cars have. Additionally, motorcycles are often more difficult for drivers to see. In fact, two-thirds of vehicle-motorcycle accidents involve a violation of the motorcycle's right of way by the vehicle. Liability in motorcycle accidents, like car accidents, is determined under the theory of negligence. All drivers and riders are required to use reasonable care under the circumstances, and failure to meet that level of care can constitute negligence.When a loved one or family member is killed in a motorcycle accident caused by another person, such as the driver of a vehicle, the family may be able to bring a wrongful death suit and recover damages. While these damages cannot bring back the loved one who was killed, they can relieve some of the financial strain caused by the death.
Source: MercuryNews.com, "Off-duty San Mateo County Sheriff's deputy killed in crash," Joshua Melvin, Jan. 31, 2013
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