Alameda Personal Injury Law Blog

Speeding driver likely causes deadly collision in Berkeley

Although speed limits may at times seem like hindrances to drivers who need to get to their destinations in timely manners, they exist for important reasons. California laws and regulations dictate how fast drivers may operate their vehicles in certain locations and on different types of roads so that they do not lose control and cause injuries to themselves and others. When drivers ignore these laws, devastating accidents can happen, like one that recently occurred in Berkeley.

The driver of a Tesla was allegedly operating his car above the posted rate of speed on Haste Street. The Tesla crashed into a pick-up truck and a smaller sedan. The sedan, which contained four people, was pushed into several park cars where it eventually caught fire. While two individuals in the front of the sedan were able to escape, the two passengers in the back of the vehicle were trapped and had to be extricated from the flames.

Brain injury victims could develop mental health issues

It may go without saying that if a person in California suffers a concussion, such injuries can negatively affect their physical health. However, one report indicates that a traumatic brain injury could negatively affect a person's mental health as well.

When a person suffers numerous TBIs, they could go on to develop chronic traumatic encephalopathy, also known as "CTE." It appears that there may be a link between CTE and mental health issues, such as depression and anxiety. Changes to a person's personality, memory loss and mood swings have also been reported in those who suffer CTE.

How long do you have to file a wrongful death suit in California?

Sometimes a person dies due to an accident. The accident may be simply that -- an "accident" that was unexpected and was the fault of no one. However, all too often people die in accidents that are the fault of another party. For example, a person could die in a car crash caused by a negligent driver, or a person could be the victim of medical malpractice. When a loved one dies due to the actions of another party, the victim's loved ones may want to pursue a wrongful death lawsuit. However, it is important that they do not wait too long to do so, since there is a "statute of limitations" on wrongful claims in California that limits how long a person has to pursue a wrongful death lawsuit.

In California, if a person dies due to the wrongful act or neglect of another person, the victim's survivors have two years from the time of the victim's death to file a wrongful death claim. However, if the wrongful death was due to the professional negligence of a health care provider, the victim's survivors have three years from the time the death occurred. There are exceptions to the three-year statute of limitations in the case of fraud, purposeful concealment or when a foreign body with no therapeutic or diagnostic purpose is left in a person's body.

Millennial parents admit to texting and driving, study says

By now most people in California are aware that using a cellphone while behind the wheel of a car can be dangerous. Such distractions take a driver's focus off of the task of driving. When they are not aware of their surroundings, distracted drivers can easily cause a car accident. And, according to one study, millennial parents -- those parents between the ages of 22 to 37 -- are highly likely to use a cellphone while driving.

According to one study of over 400 parents, over 50% of millennial parents and almost 60% of parents age 37 and up stated that texting and driving was never safe. However, almost two-thirds of these parents said that they had read a text message while behind the wheel and more than 50% said they sent a text message while driving. Millennial parents also admitted to engaging in tasks other than texting, such as emailing and using maps on their cellphone.

Treatment of a broken bone after a car accident

You can suffer many types of injuries in a car accident, with a broken bone among the most likely. From your feet all the way up to your skull, every bone in your body is susceptible to injury in a crash.

If you suspect a broken bone after a car accident, move to safety and administer first aid. Also, call 911 to request an ambulance, as the responding paramedics can stabilize your injury and quickly transport you to a local hospital.

Premises liability claim against Dodgers headed to mediation

Baseball fans in California may remember a certain 2015 playoff game between the Dodgers and the Mets. While the Mets ultimately prevailed over the Dodgers, most people could agree that a fair game was played, and Dodgers fans ultimately looked forward to the next season in hopes of a victory therein. However, one Dodgers fan was seriously injured in a physical altercation after a 2015 playoff game and decided to pursue a legal claim against the Dodgers and the people he says attacked him.

The man, who suffered a traumatic brain injury after allegedly being attacked outside Dodger Stadium in 2015, has had his premises liability lawsuit sent to mediation. The judge in his case also set a date for a post-mediation status conference, as well as a trial date should the claim not be resolved through mediation. The lawsuit was filed in September of 2017, and named Los Angeles Dodgers LLC, and two other individuals as defendants. The claim alleges premises liability, among other torts. The man is seeking compensatory and punitive damages.

The right approach to truck accident cases

Trucking is an integral part of commerce in our nation, allowing produce grown in California to reach store shelves in Maine. However, there is no denying that it takes special care to operate a fully-loaded semi-truck. Truckers must have a special license showing they are trained to operate these behemoth vehicles. In addition, there are rules in place regarding how long a trucker can be on the road before being required to take a rest break, to prevent drowsy driving. Why all these rules? It is because an accident involving an 80,000-pound tractor-trailer has the potential to be catastrophic.

A standard automobile is simply no match for a semi-truck when the two collide. If a trucker is speeding, fails to stop at a red light or stop sign, drives while under the influence or falls asleep while driving, for example, it could cause a truck accident that causes the driver and passengers of the other vehicles involved to suffer serious injuries. In the worst of cases, fatalities occur.

Brain injury victims face a long, expensive road to recovery

When a person in California is in a car accident, slips and falls on someone else's property or is in a sporting accident, he or she could suffer serious injuries to his or her head, specifically the brain. A head injury constitutes damage to parts of the head other than the brain, such as the skull. However, a traumatic brain injury (TBI) specifically affects the brain, which experiences trauma due to an external force.

Even mild TBIs can result in long-lasting damage. For example, a TBI could cause negative mood changes, result in chronic headaches, lead to memory loss, make it difficult to sleep and lead to problems with the cognitive functioning of the brain. It can take a long time for these effects to go away, and in serious cases they may be permanent.

Mother and child killed in Oakland hit-and-run

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.

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