Alameda Personal Injury Law Blog

Mother and child killed in Oakland hit-and-run

On behalf of Law Offices of Leonard S. Becker, APC posted in Wrongful Death on Wednesday, April 17, 2019.

Although we all expect motorists to be attentive, rested, and sober behind the wheel, the sad reality is that many of them act in dangerous ways. This puts innocent individuals at risk, including pedestrians. These individuals, who are without the safety protections afforded by vehicles, are extremely vulnerable to suffering extensive harm in these accidents, as can be seen by one recent incident.

There, one Oakland family is left grieving the loss of a six-year-old child and his mother. Both were struck and killed in a hit-and-run incident that took place on Saturday, April 13th around 7:20 p.m. The child's uncle was also struck by the vehicle in question. He remains in critical condition. The family was crossing the road in a marked crosswalk at 26th and Foothill Boulevard when the wreck occurred.

Driving in heavy wind and rain is never easy

On behalf of Law Offices of Leonard S. Becker, APC on Tuesday, April 16, 2019.

Even when weather conditions are ideal in California, you may find it difficult to maintain your safety when behind the wheel. When the rain begins to fall and the wind picks up, it's even more difficult to avoid trouble.

Knowing how to safely drive in heavy wind and rain is imperative to your safety, as one mistake can greatly increase your risk of an accident. Here are three things you must do in strong wind:

Beware of gusts: A wind gust could knock you off course, so it's a must to slow down and keep both hands on the wheel. Also, pay attention to areas where wind gusts are more likely, such as bridges.
Watch for large vehicles: High profile vehicles, such as commercial trucks, often struggle to maintain control in strong wind. It's best to keep your distance from these vehicles.
Keep a firm grip: Driving with one hand is never a good idea, especially in strong wind. Use two hands and a firm grip so that you're able to maintain as much control as possible.

Catastrophic Injuries FAQs

On behalf of Law Offices of Leonard S. Becker, APC posted in Car Accidents on Thursday, April 11, 2019.

A catastrophic injury in one in which a life, and often several other lives of family members, are forever changed. It is an event characterized by not only disabilities and difficulty with normal day-to-day activities, but also severe financial and emotional stress on a victim's family.

Any sudden trauma that brings such massive change is likely going to bring a difficult adjustment period. What would you do if tomorrow you were informed that your spouse owes more than $100,000 in medical bills and is going to need your care 24/7 for the remainder of their life? These are the most frequently asked questions regarding catastrophic injuries.

Tips to avoid a rush hour traffic accident

On behalf of Law Offices of Leonard S. Becker, APC on Saturday, April 6, 2019.

No matter how hard you try, you may find it impossible to avoid rush hour traffic in Hayward. For example, if you commute to and from your office in your personal vehicle, you'll find yourself stuck in traffic time and time again.

Park tree falls and injures patrons, resulting in legal action

On behalf of Law Offices of Leonard S. Becker, APC posted in Premises Liability on Thursday, April 4, 2019.

The city of Newark has found itself paying nearly $400,000 after reaching a settlement agreement with patrons injured by a rotten tree in a city park. Multiple people were struck and injured by the tree when it fell after the city's failure to maintain it.

Attorneys for the injured claim that not only did the city fail to perform maintenance, but it also botched the very planting of the tree in its location. They believe city workers should have known it would pose a danger to park patrons. In addition, the tree was planted too deep, thereby depriving the roots of necessary oxygen and nutrients and resulting in the rotting. One attorney stated that a trained arborist should have known there was a problem. Nonetheless, after the accident, the city removed 12 eucalyptus trees from Birch Grove Park, and replaced them with 29 new trees including oak, sycamore, and pistachios.

An overview and examples of wrongful death causes of action

On behalf of Law Offices of Leonard S. Becker, APC posted in Wrongful Death on Wednesday, March 27, 2019.

A wrongful death lawsuit may be filed when a person dies due to the negligence, recklessness, or misconduct of another. The Defendant may be an individual or a business, depending on the circumstances. In this post, we will look at some specific examples where a wrongful death lawsuit could be filed. First, let's discuss what types of damages may be awarded in such a case.

The largest portion of damages to be awarded in a wrongful death action are known as pecuniary, or financial. Pecuniary injuries are those that resulted directly from the decedent's death. They include loss of support, medical and funeral expenses, other outstanding bills, loss of guidance if the survivor is a child, and even loss of a prospective inheritance. In addition to the actual costs of these injuries, a Plaintiff will also be granted interest from the date of the decedent's death. There are multiple considerations that go into determining pecuniary loss. A jury will not only look at actual financial losses, but it will also be required to consider the age, character, and condition of the decedent at the time of passing. Occasionally an expert witness may be called to testify as to the financial value of a decedent to a family.

Premises liability and safety concerns at Alameda swim center

On behalf of Law Offices of Leonard S. Becker, APC posted in Premises Liability on Thursday, March 21, 2019.

Summertime is right around the corner and that means crowded public pools for those seeking some relief from the heat. If the Emma Hood Swim Center does not quickly correct several ongoing safety and environmental issues, Alameda residents could be forced to look elsewhere for a public place to swim. The Alameda County Environmental Health Department will close the center at the end of May if the issues are not resolved. The swim center is approximately 60 years old.

Problems at the two pools date as far back as 2010. They include piping issues which caused the water in the two pools to mix, making it impossible to monitor the required six hour turnover time. In addition, the plaster in both pools needs replaced, and the pool deck was found to get too slippery, thereby posing a safety hazard. An Alameda City Councilman stated that the city "fell down on this" eight years ago when the needed repairs were first addressed. They repaired one pool, but failed to repair the other.

A concussion requires an immediate diagnosis, treatment

On behalf of Law Offices of Leonard S. Becker, APC on Tuesday, March 19, 2019.

You can suffer many types of injuries in a car-truck accident, with those to your head among the most common. A concussion is not the most serious brain injury, but it can negatively impact your health and life in a number of ways.

If you're involved in a motor vehicle accident, don't wait to call 911 for help. Even if you feel okay, you may have suffered an injury that's not yet showing symptoms.

The importance of crash reconstruction after a car accident

On behalf of Law Offices of Leonard S. Becker, APC posted in Car Accidents on Thursday, March 14, 2019.

In determining the correct cause of a car accident, crash reconstruction can be a vital tool. It can piece together the entire picture of a scene, including the before and after accident circumstances. In fact, it is so important that a car accident injury case may be won based on the findings of a crash reconstruction report, especially in a wrongful death matter. While these reports are usually not required for minor accidents or fender benders, they are of the utmost importance when a death has occurred.

Crash reconstruction is a scientific method that requires training and hands-on experience to perfect. It is also a mathematical science requiring precise measurements, surveying, and the use of formulas and physics. Once certified in the methods, a reconstructionist is considered a highly skilled and knowledgeable professional. Sometimes they are employed by law enforcement agencies. Otherwise, they may work as independent contractors or state employees.

What types of damages are available in a wrongful death action?

On behalf of Law Offices of Leonard S. Becker, APC posted in Wrongful Death on Wednesday, March 6, 2019.

The wrongful death of a loved one can leave a family reeling from both emotional and financial damage. Unexpected bills and burdens present extreme financial hardship. The purpose of a wrongful death lawsuit is to help ease those burdens and provide means for a family to pick up the pieces and move forward without those undue hardships.

A wrongful death case may be brought against a defendant by a survivor, or the estate, of the deceased. Typically, survivors will be a spouse, children, or parents. Damages are awarded to a plaintiff in two broad categories. The first category taken into consideration involves damages and expenses incurred from the exact moment the action took place which caused the death up until the moment the death actually occurred. These can encompass a wide timeframe, ranging from minutes, weeks, or even months. Items taken into account for this time period include medical expenses, pain and suffering, lost wages, and funeral and burial expenses.