Wrongful Death Category Archives — San Mateo Injury Lawyers Blog Published by San Mateo, California Injury Attorneys — Law Offices of Galine, Frye, Fitting & Frangos

Safety Research — and Recent California Accidents — Clearly Show: Speed Kills

May 28, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Federal statistics from the National Highway Traffic Safety Administration (NHTSA) show just how dangerous – and deadly – speeding is. NHTSA’s information showed that speeding killed more than 9,300 people in 2018 and was a factor in more than one-quarter of all traffic deaths in 2017. If you’ve been hurt by a driver who was speeding, whether you were in another vehicle or you were that driver’s passenger, you may be entitled to significant compensation. You should promptly act to retain a skilled San Mateo car accident attorney, as you only have a limited time to file a lawsuit and pursue the recovery you need.

Two recent accidents in Northern California highlight just how deadly speeding can be. Earlier in May, a terrible accident in San Jose left four young people in their 20s dead, according to CBS SF Bay Area. The report indicated that the driver of a 2005 Dodge SUV was traveling southbound on Highway 85 when he lost control, causing the SUV to overturn several times. The crash threw two people from the vehicle. Three died at the scene and a fourth died at a nearby hospital. All were either age 25 or 26.

Another driver on Highway 85, whom the Dodge passed shortly before the crash, told CBS that the driver was driving erratically and the CHP told CBS that “we believe this vehicle was at excessive speeds and was weaving,” The police also believed that the driver of the SUV was under the influence, which is why he is facing multiple criminal charges for murder.

I Was Hurt in an Accident Caused by a Drunk Driver. What Legal Options Do I Have in California?

March 21, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

If you have been injured (or a loved one has been killed) in a vehicle accident caused by a drunk (or high) driver, there are certain legal options that are available to you in California. You can file a lawsuit against the intoxicated driver who was at fault in the accident. A successful civil court action may entitle you to receive payment from the at-fault driver herself and/or from her auto insurer. Of course, if you’ve suffered serious injuries and the at-fault driver was someone with very limited assets and only minimal insurance coverage, then those sources may not be nearly enough to cover the entirety of the harm you have suffered. You may need to do more and, depending on the facts surrounding your accident, the law may permit you to do more. Be sure to reach out an experienced San Mateo injury attorney to learn more about the options available to you.

Redwood City was the site of a recent tragic accident involving an alleged drunk driver. An 18-year-old woman allegedly was driving at “freeway speeds” along southbound Highway 101 in Redwood City her vehicle allegedly veered off the road, then “went down an embankment, flew into the air and crashed into a light pole and two trees before coming to a stop on its roof.” The accident seriously injured the driver and killed her 18-year-old passenger, Patch.com reported.

According to prosecutors, the driver had “objective symptoms of intoxication.” Additionally, the driver told police that she drank “lots of shots” at a party in San Francisco, according to the Patch report.

California Court of Appeal Upholds a $45M Wrongful Death Verdict in the Case of a Fatally Injured Single Mom

February 5, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

In a fatal auto accident case, there are many forms of damages to which you may be entitled. Some of these, which may include emotional matters like the loss of the deceased’s “advice” or the loss of the deceased’s “companionship,” can sometimes be difficult to quantify. That’s why, if you have been harmed by an auto accident and have suffered emotionally, you need an experienced San Mateo wrongful death attorney to help you make the most persuasive and effective presentation possible to the court to get you the full amount of compensation you deserve.

The law generally permits you to recover as much the jury believes you have proven to them. As a recent case demonstrates, the amount to which you can be awarded isn’t capped by what other juries have awarded in previous similar cases.

In that recent case, E.J. was driving drunk and was being chased by CHP officers. E.J. crashed into a crowd near a taco truck, killing two. One of the fatally injured was 38-year-old C.F., a single mother of four. In court, the children sued both the driver, E.J., and the owner of the vehicle, M.E.R., for wrongful death.

A Woman in San Mateo Dies After Being Struck by a Driver Whom Police Suspect Was Under the Influence

January 21, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Sometimes, you are completely devoid of any fault in your auto accident. You are sitting at a traffic signal, properly stopped, when someone slams into you from behind. The reality is, though, that many accidents are not that black-and-white. We’ve all made mistakes and misjudgments behind the wheel and sometimes some of those errors played a role in our auto accidents. Fortunately, you do not have to be 100% blameless in order to recover much-needed compensation for the injuries you suffered in your auto accident. If you’re hurt in a crash, be sure to reach out to an experienced San Mateo car accident attorney to learn more about the legal options available for you.

Sometimes, errors are simple misjudgments, like braking too late on a wet road. Other times, there fall more on the side of lapses of good judgment. An apparent momentary lapse in judgment turned tragic in San Mateo earlier in January. According to KPIX, the starting point of the fatal accident was a non-injury crash along Highway 101 where a Dodge Charger struck a Toyota Yaris. (The driver of the Dodge was later arrested for suspicion of DUI.) With both cars still in the travel lanes, a woman riding in the Yaris, I.T., got out of that car to confront the Dodge’s driver, and an argument ensued. While I.T. argued with the Charger’s driver, an oncoming Toyota Camry hit and killed her. The driver of the Camry, like the driver of the Charger, was arrested on suspicion of drunk driving.

While it might seem easy to criticize the deceased woman for stepping onto a travel lane of a highway in order to maintain an argument with a driver in a fender-bender, we should all be slow to pass judgment. Nearly all of us have been in extremely highly stressful situations on the road – including accidents. And most all of us have had moments where anger, frustration or stress led us to do things we regretted later.

New Stats Reveal a Disturbing Rise in Fatal Pedestrian Accidents, Both Nationally and Here in California

November 19, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

The National Highway Traffic Safety Administration (NHTSA) has released its fatal vehicle crash statistics and the news for people who use roads while on foot are not good. In 2018, the number of pedestrians killed nationwide rose by 208 to 6,283, which is an increase of 3.4%. The news closer to home was no better. 57 of those 6,283 deaths occurred in the Sacramento region (El Dorado, Placer, Sacramento and Yolo Counties,) with more than 80% of those 57 happening in Sacramento County alone. Additionally, 22 pedestrians have died in San Francisco just in the first eight months of 2019.

There can be many reasons for fatal pedestrian accidents but, many times, driver mistakes are a factor. Maybe the driver was speeding or improperly failed to yield, maybe the driver was distracted, maybe the driver was impaired or… maybe all of the above are true. Whatever the specifics, if you’ve lost a loved one due to a fatal pedestrian accident caused by driver negligence, be sure to contact an experienced San Mateo pedestrian accident attorney to find out what can be done to protect your family.

Urban areas are where the biggest increase in fatal pedestrian accidents have occurred, according to the Sacramento Bee. The report stated that fatal pedestrian accidents have surged by 69% over the last 10 years.

A California Family Uses a ‘Negligent Entrustment’ Claim to Hold a Father Liable for His Adult Son’s Auto Accident

November 7, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

Sometimes, being injured by a driver who experienced a medical emergency can be an extremely harmful thing to your injury case. Sudden and unforeseeable medical traumas that impair a driver’s ability to operate his vehicle safely are often chalked up alongside “acts of God” as things where no one is negligent, and no one is liable.

Other times, though, this medical evidence may be something that actually strengthens your case or gives you more opportunities for seeking the compensation you need. To make sure you are getting all the relevant information for your case, and putting it your maximum advantage, be sure you have an experienced San Mateo wrongful death attorney on your side. When a driver experiences a medical emergency or trauma that was unexpected and that the impaired driver couldn’t have anticipated, that is one thing, and it may hurt your case. When, however, the driver has a history of experiencing impairment-causing symptoms due to an existing (and known) medical disorder, then that is a very different circumstance entirely.

The case arising from a fatal East Bay crash that claimed the lives of 51-year-old E.P. and her 72-year-old mother was an example of the latter. The women were killed in Contra Costa County when another driver broadsided the women’s SUV at an intersection. The other driver, J.H., ran a red light and was going 62 mph in a 45-mph zone at the time of the crash. J.H. wasn’t drunk, wasn’t street racing and wasn’t texting. What he was, according to his lawyers in his criminal case, was experiencing a seizure that caused him to lose control and speed through the red light.

San Bernardino Jury Awards $60M to the Parents of a Boy Killed at a Dangerous Intersection

October 29, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

When a family loses a child due to the negligence of others, there are many feelings they will feel. One of the feelings they may encounter is a desire for some good to come out of the tragedy. That may be a central motivation for pursuing a civil lawsuit. No amount of money will ever replace their lost child, but a successful jury verdict and award of damages may be just the thing to motivate those responsible to make needed changes, with those changes averting similar tragedies in the future.

Whatever needs inspire you to pursue your wrongful death or personal injury action, be sure you have legal representation from an experienced San Mateo personal injury attorney, who can help guide you to the specific goals you have.

A tragic real-life example of these concepts played out recently in Southern California. A.D. was a 14-year-old student at a San Bernardino County high school in March 2016 he was involved in his fatal accident. According to a Daily Press report, the student was crossing an intersection adjacent to his school when a Ford SUV crashed into him, killing him.

A Fresno Jury Awards a Widow $12.2M After Her Husband Was Electrocuted at a Swap Meet

July 23, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

Almost anyone who has ever lost a close loved one in an accident will very plainly state that there’s no amount of money they wouldn’t trade to have their loved one back. Nevertheless, wrongful death civil lawsuits that seek monetary compensation serve a very important purpose for the family members left behind. Your loved one was priceless, but you still have to pay many expenses – like funeral and final expense costs, along with the medical bills your deceased loved one racked up in that final accident – and those payments require money.

Additionally, there’s the income that your loved one brought in. Your loved one may have been a primary earner, or even a sole earner, for your family. The loss of his/her loss income may represent a severe and immediate financial crisis for your family. A successful wrongful death case can help you reduce that financial emergency. To make sure that you are getting the total amount of compensation that you and your family deserve, be sure to reach out to an experienced San Mateo wrongful death attorney about your case.

Wrongful death cases can be challenging ones for juries because, at some level, they require the jury to take a profound, and in some ways incalculable, loss and convert it to an exact dollar figure. That means that you may face, if you and your family take on a wrongful death case, a defense that argues that, because your loved one earned a modest income, the damages amount of his/her loss should be set at a low number. That was what one Fresno-area widow faced recently in her case, according to the Fresno Bee.

Sometimes, It Truly Isn’t About the Money: The Driving Forces Behind One California Wrongful Death Lawsuit

July 3, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

For many people who undertake civil lawsuits after they’ve lost a loved one due to another’s negligence or misconduct, the lawsuit is an important means to an essential end. The deceased may have been a primary, or even sole, income provider for an entire family, and a civil judgment or settlement may be necessary to pay outstanding medical bills and final expenses, as well as to avoid a financial crisis from the loss of the deceased’s earnings.

Sometimes, though, the money from a judgment or settlement isn’t as much of a need. Whether it is due to insurance payouts or other financial reasons, the deceased’s death, while undeniably taking an incalculable emotional toll, may not have created as much of a financial hardship. Even in that latter scenario, there may be very important reasons for undertaking a civil lawsuit and seeing it through to a judgment. Whether it is seeking closure, seeing justice done or some other reason, these reasons are just as valid, require just as much diligence, and are cases just as much in need of a thoughtful and experienced San Mateo wrongful death attorney as any other.

There are cynics among us who say, “Even when they say it’s not about the money, it’s about the money.” Here’s a case, reported by keyt.com, that disproves that notion. The victim in the case was a popular Southern California assistant principal, who was out jogging when he was struck and killed by an intoxicated driver, who was reportedly high on Xanax and marijuana at the time.

The Family of a Fatally Injured California Jogger Receives $20M Jury Verdict in their Negligence Trial

March 29, 2019 | Law Offices of Galine, Frye, Fitting & Frangos

Sometimes, the crux of your case will be focused primarily on establishing that the defendant was at fault and is liable for paying you compensation. The defense may contest liability aggressively, arguing that someone else (or no one) was to blame for the injuries. Other times, you may have evidence that makes contesting liability very difficult or nearly impossible and, in some of those cases, the defense may even admit liability.

Even when that happens, your work is not yet done, especially in a wrongful death case. Getting a truly proper judgment means putting on the evidence you need to show just how extensive the loss you suffered truly was. If you’ve lost a loved one due to a driver’s negligent conduct, you have, first and foremost, a hole in your heart and hole in your life that nothing can fill. You probably also have substantial damage to your family’s financial situation, however, especially if your deceased loved one was a primary earner. All of these damages are real and deserve to be compensated. Be sure you take on your case with the aid and representation of a skilled San Mateo wrongful death attorney to get the full award you deserve.

C.P.’s was an example of a case with a tragic loss and a very large jury verdict. As reported by the Ventura County Star, C.P. was jogging along a street in Ventura as part of his training for a marathon race. As C.P. jogged, a driver, S.C., struck him with her vehicle, killing him. The driver had consumed both Xanax and marijuana prior to getting behind the wheel, according to the report.