A jury in Sacramento recently awarded an injured plaintiff nearly $2.9 million in damages for the injuries the plaintiff suffered in a serious rear-end accident (Case 34-2013-00149232-CU-PA-GDS). The plaintiff’s evidence was enough to convince the jury that the harm from the accident had caused numerous serious injuries and forever altered the life of the very active 26-year-old plaintiff.
In any civil lawsuit, steps like marshaling all of the evidence that supports your case is an obviously important part of the process. There are other procedural details, however, that can be easier to overlook or, alternatively, easier to get wrong if you aren’t keenly familiar with the rules. In one recent case involving a fatal vehicle crash, the plaintiffs retained counsel, and they did comply with the rules, which is why their $2 million judgment survived a defendant’s challenge to the manner in which they provided service of process.
Sometimes, obtaining a truly successful outcome in your auto accident case involves not just proving your case and establishing your damages but also making sure that the judgment asserts liability against the right defendants. This is especially true if your damages award is large. Obtain a multi-million dollar judgment against an employee making $15 an hour, and you may recover only a small fraction of your total damages. Obtain that same judgment against the employee and his corporate employer, and you may have a much greater chance of obtaining the full amount of the damages awarded to you.
That is why, in many auto accident situations, it is beneficial, as a plaintiff, to pursue both a driver and the driver’s employer when possible. In many situations, the fact that the accident took place while the employee was commuting to work would close the door on obtaining a judgment against the employer. The “going and coming” rule of liability says that, if an employee causes an accident while going to or coming from work, the employer generally isn’t liable under a respondeat superior theory of liability. In one recent case originating in Orange County, a motorcyclist was allowed to pursue a driver’s employer, even though the accident occurred as the driver was traveling to work.
When your case goes to trial, you have several hurdles to clear. Sometimes, obtaining a jury verdict in your favor isn’t the last one. In the case of one trucker, he had to fight off a defense claim that juror misconduct should invalidate the outcome and trigger a new trial. The Second District Court of Appeal sided with the injured driver, concluding that, even if the juror engaged in misconduct, the defendant lacked the necessary proof of prejudice that the law required to overturn the verdict and the damages award.
A recent ruling by the First District Court of Appeal offered a useful insight into what happens when you’re a victim of an unfair strategy by your litigation opponent. The decision upheld a lower court’s order giving the family of a deceased trucker a renewed opportunity to pursue their case arising from the fiery crash that killed their loved one. The state’s Department of Transportation carried out a pretrial and trial strategy that unfairly surprised and prejudiced the trucker’s family, and when that happens, you have certain rights, such as the right to a new trial, which the court awarded to the family in this case.
There are a number of reasons why truck accidents take place, such as an unqualified or drunk truck driver, negligent truck maintenance and more. These wrecks can claim lives and cause serious injuries, making life very difficult for those involved. In San Francisco and throughout California, people continue to experience hardships following a truck accident. These tragedies should remind drivers of how dangerous the roads can be and the importance of obeying traffic laws.
A recent accident involving a dump truck and a Los Angeles Police Department patrol vehicle claimed the life of an officer. The crash, which occurred in Beverly Hills, also left the driver of the truck and another officer critically injured.
It appears that the brakes on the truck may have failed and that they could be responsible for causing the wreck. Furthermore, the roads in that area are known for being considerably steep and difficult for truck drivers to manage. Surrounding roads were closed while authorities investigated the incident.
Truck driver fatigue, negligent truck maintenance and drunk driving are just a few reasons why truck accidents continue to make headlines. However, regardless of the reasons that contribute to a wreck, the people involved in these accidents could suffer from significant injuries. Furthermore, when someone loses their life, their family could experience tremendous loss after they pass away. In San Francisco, CA, the roads can be quite hectic, which is why drivers should be particularly vigilant and do everything possible to prevent another truck accident from taking place.
After a semi truck crashed into a fast food restaurant, one employee was taken to the hospital by ambulance for treatment. Although no customers were in the establishment when the accident happened, several employees were working in the building. The incident occurred in Ceres, California, at 8 a.m.
Initial reports reveal that the truck driver may have been responsible for the wreck, which left him and the driver of another vehicle that was involved injured. The semi plowed through the building and came to rest in the dining area. Authorities are still investigating the incident.
Even though most drivers are well aware of the risks they face every time they get in their vehicle, accidents continue to claim lives. Furthermore, even if someone drives responsibly, they could be struck by a negligent driver. When semi trucks are involved in a crash, there is a greater likelihood of victims suffering from serious injuries and death. Whether a big rig has bad tires or a drunk truck driver is behind the wheel, too many of these incidents continue to take place in San Francisco, CA, and across the country.
A multi-vehicle accident recently occurred in Orland, California, on Interstate 5. The wreck involved a semi that was pulling a double trailer, a tour bus full of students and other vehicles. A total of 48 people were inside the vehicles that were struck, 40 of whom were students on a tour bus that was headed to Humboldt State University.
So far, the accident has claimed 10 lives and left 18 people injured, some of whom are in critical condition. The students belonged to 37 different Southern California high schools and were heading upstate to preview the university.
For some truck drivers, the demands of their job can be overwhelming at times. Whether they suffer from truck driver fatigue due to lack of sleep, don’t have freight properly secured or make unsafe lane changes, these factors continue to contribute to truck accidents in San Francisco and throughout the state. Additionally, most drivers are well of aware of the sheer size of semis and how difficult it can be for truck drivers to stop, which can increase both the likelihood and severity of a crash. As a result, truck drivers and everyone else on the road should be cautious and remember the dangers.
After colliding with two vehicles, the driver of a semi left the scene of the crash. However, someone who witnessed the accident followed the truck and asked the trucker to stop. According to this witness, the truck driver would not admit to hitting any other vehicle and took off on foot.
Next, the witness contacted the authorities, who were able to track down and apprehend the trucker. One person died and two were injured in the accident, which took place at roughly 2:15 a.m. in Fontana.
From driver inattention to illegal turns and overloaded freight, there are many reasons why truck accidents take place. Sadly, these incidents are sometimes fatal. In certain circumstances, trucks can pose a significant threat due to multiple factors, such as fatigued drivers and the sheer size of a semi. In San Francisco, busy roads can make matters worse, so drivers should always be aware of the risk of a truck accident in an urban area.
After colliding with an armored truck, a delivery truck driver lost his life and was determined to have died at the location of the crash. Although a passenger in the delivery truck was unable to escape at first, the fire department managed to extract the passenger, who was taken to a nearby hospital.
Although there is evidence to suggest the driver of the delivery truck rear-ended the other truck, an investigation into the incident is ongoing. Two people in the armored truck suffered minor injuries and turned down treatment. Officials have not released the identities of those involved in the accident.