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Articles Posted in Wrongful Death

double-fatal-i-15-fiery-crash-300x169The City of San Diego will pay nearly $10 million to two families who lost loved ones in a 2018 car accident in I-15. In the accident, Jesus David Dominguez and Isaac Felix will split $9.7 million from the city and the limits of an additional $300,000 insurance policy maintained by the driver who initially caused the accident.

That car crash that killed Mr. Dominguez and Mr. Felix occurred when a drunk driver named Jeffery Levi rear-ended the Toyota Corolla carrying the two men near Miramar Road on I-15 on January 2, 2018. That left the Corolla disabled and without lights when an off-duty police officer driving a Ford Interceptor issued by the city crashed into the Corolla at full speed, caused the gas tank to explode.

A lawsuit was filed three years ago by attorney Warren Ellis, but was delayed because the criminal prosecution of Levi, who was sentenced to 34 years behind bars.

The differences between personal injury lawsuits and wrongful death lawsuits in San Clemente can be confusing, especially since wrongful death law is an area of law practiced by personal injury attorneys in California. The two types of claims are closely related, but they are not the same. It is important to understand the distinctions to ensure that you take necessary steps to file the proper claim and that you do so in a timely manner. Our San Clemente personal injury attorneys will tell you more about the distinctions between personal injury lawsuits and wrongful death lawsuits. 

Personal Injury Law and Wrongful Death Law Arise Out of Another Party’s Fault for Injuries

Both personal injury law and wrongful death law in California arise out of another party’s fault or liability for injuries, which makes these two areas of the law quite similar. To be sure, both personal injury law and wrongful death law allow a plaintiff to file a lawsuit in order to hold the liable or responsible party accountable for the injuries they have caused. However, there are also a number of key distinctions that you should understand.

PalaBusCrash-300x225Another charter bus accident on a San Diego freeway has claimed lives, and this one was not far from our San Diego North County law office. Last week, an Executive Lines charter bus headed from El Monte to Tijuana crashed on the rain-slicked I-15 near Fallbrook. The accident killed three passengers and injured 18 others.

According to the CHP, the charter bus about to head uphill in a downpour when the driver lost control, causing the bus to veer of the road, overturn, and then roll down a steep embankment. The bus veered off the highway, overturned, and slid down an embankment before coming to rest along the hillside.

Several passengers were ejected from the charter bus. “Little by little I start remembering and getting flashbacks and I would only hear people screaming that were inside and the others were trapped,” one victim told Telemundo20.

matheus-ferrero-159633-unsplash-copy-300x200Wrongful death claims in Carlsbad often arise out of accidents and injuries that also seem like they could have given rise to a personal injury lawsuit. For example, a serious car accident might result in life-threatening injuries for one vehicle occupant, but that same accident might have led to fatal injuries for the driver of another vehicle. Similarly, construction accidents can sometimes lead to debilitating injuries that prevent construction workers from going back to the job due to a permanent disability, but sometimes a similar type of accident can cause fatal injuries for another construction worker. For example, a fall from scaffolding can produce different types of injuries in different people and in different situations.

How does California law distinguish between a personal injury lawsuit and a wrongful death lawsuit?

Connections Between Personal Injury and Wrongful Death Law

dan-gold-227951-copy-300x169Leaving your car in an Escondido parking lot during the summer months for even a few minutes without the vehicle running typically leads to a very hot car. While hot cars are not a problem when they are unoccupied, hot cars can cause the deaths of children who are left in vehicles even for a few minutes. According to a recent report from CNN News, hot car deaths have reached a record high” as of July. 29 kids across the country have suffered fatal injuries as a result of heatstroke after being left in a hot car. California, along with Texas and Florida, had the highest number of heatstroke-related child deaths this summer.

You might think that you would never forget a child in a vehicle, but the article suggests that even the most diligent parents need to take precautions to prevent hot car deaths, particularly during the summer months.

July Hot Car Deaths Reach Unfortunate Record

kalu-ci-146209-300x200For many San Diego residents, the relatively recent and seemingly ever-expanding Takata air bag recall was a source of anxiety and frustration. As you may remember, the Takata air bags installed in dozens of different automobile makes and models ran the risk of exploding as a result of a defective inflator, causing severe and life-threatening shrapnel injuries, and some victims even died as a result of their injuries. Over the last several weeks, Takata news stories have largely focused on culpability for the Takata executives who may have known about the serious product defect yet did not take steps to remedy the issue before consumers got hurt. However, according to a recent article in CNET.com, there is a new Takata air bag safety issue that has prompted another recall.

What do you need to know about the new recall, and what should you do if you drive one of the affected vehicles?

New Takata-Sourced Air Bag Product Defect

Moving-2When we are on neighborhood roads or highways in Southern California, should we be concerned about the risk of a car accident caused by road debris? Most of us are typically on the lookout for other drivers who are not obeying the rules of the road or distracted pedestrians who might inadvertently step into traffic, but according to a recent report from CBS News, dangerous road debris causes far more car crashes than you might expect. Between 2011 and 2014, more than 200,000 collisions have been attributed to debris already in the road or to debris falling from unsecured truck loads. What else should you know about crashes caused by debris, and what can you do to prevent them?

AAA Study Highlights Severity of Crashes Caused by Debris and Unsecured Loads

The CBS News report cites a recent study conducted by the AAA Foundation for Traffic Safety, which determined that approximately 39,000 injuries and 500 deaths on the road between 2011 and 2014 resulted from debris. According to Tamra Johnson, a spokesperson for the AAA Foundation, “the really troublesome thing about all this is a majority of these crashes are preventable, if drivers would just take the necessary precautions to secure their load or maintain their vehicle properly.”

800px-AmericanAlligatorHow often do serious and fatal injuries happen at large resorts? When a vacationer does get hurt, can he or she hold the hotel or the resort responsible? These types of claims fall under an area of personal injury law known as premises liability. In short, premises liability law holds that property owners—including resort and hotel owners—have a duty to keep a property free of hazards and to warn guests about serious dangers on the property. Why is this an important topic to discuss now?

Given that it is summertime, many families are planning vacations to resorts and hotels across the country. But more salient, perhaps, is the recent death of a toddler at the Walt Disney Resort, according to a report in The Washington Post. The child’s death may have happened in Florida, but it should alert parents in California and across the country to potential hidden dangers on family vacations and to the consequences of hotel negligence.

Child Killed by Alligator at Disney Property

It’s that time of year again when the county fair rolls into town offering fatty food, family fun, and frightening rides. We all know that the county fair can be fun, but is it safe. Not always, as evidence by yesterdays news.

Southern California law firms Berman & Riedel and Walton Law Firm recently settled an $8 million case on behalf of ride operator who suffered a traumatic brain injury while operating a ride at the San Diego County Fair. A ride passenger was also injured the accident.

Just yesterday, a 31-year-old woman name Sabrina Gordon died at the San Bernardino County Fair in Victorville while attempting to participate in a new attraction called FreeDrop USA. According to reports, the ride required individuals to climb up on a platform and jump into a large airbag. No ropes or harnesses are used.san+bernardino+death

It is always scary to learn that we could be driving an automobile that was subject to a product recall. In the past months, millions of vehicles were affected by a Takata airbag recall, and according to a story from PBS Newshour, it looks as if that recall is only continuing to expand.

Were you been seriouAirbagsly injured in a car accident caused by a defective automobile product? It is important to know that you can file a lawsuit to hold the manufacturer liable for your injuries. Contact an experienced San Diego product liability lawyer today to find out more about how we can assist with your case.

Airbags Can Release Metal Shrapnel, Resulting in Fatal Injuries

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