San Mateo Injury Lawyers Blog — Page 2 of 22 — Published by San Mateo, California Injury Attorneys — Law Offices of Galine, Frye, Fitting & Frangos

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.

A Family and a California City Reach a $7.3M Settlement After a Falling Tree Branch Severely Injured a Two-Year-Old Girl

March 14, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

If your family is harmed in a serious accident, there are many hurdles you must clear to achieve a full and fair recovery through litigation. You must be able to prove exactly how extensively you and your family have been harmed. However, before you do that, you first have to choose correctly when it comes to naming a defendant in your case. Sometimes, the question of who was at fault may be murky. When that happens you and your legal team need to be sure you correctly assessed the situation and correctly identified the party (or parties) legally culpable. Naming the wrong defendants can delay or reduce your recovery, or possibly can lead to total defeat in your case. For making essential choices like this, be sure to rely on representation from an experienced San Mateo premises liability attorney.

A terrible accident in Southern California was an example of naming the right defendant and eventually obtaining a beneficial result for the family harmed in the accident. A.P., a 2-year-old girl playing at the Linda Vista Children’s Center, suffered massive injuries when a 20-foot eucalyptus tree branch fell and struck her. Her injuries injured a fractured neck, a cracked skull, a brain injury and a fractured leg, according to ABC 7.

When a child is seriously hurt in an accident, while she may be the only one physically injured by the incident, she may not be the only one harmed by it. That was the case for this California family. The girl’s mother told ABC 7 that both she and the girl’s father had to quit their jobs as the little girl required around-the-clock care.

How a Violation of a ‘Non-Disparagement’ Clause in a California Settlement Agreement May Allow You To Recover Additional Compensation

March 10, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Many people injured in auto accidents, dog attacks, trip-and-fall accidents and slip-and-fall accidents resolve their cases by settling instead of proceeding to a verdict. Settlement may offer you the opportunity to acquire much-needed financial compensation without the stress and time that must be invested in pursuing a case all the way to a verdict. Your settlement will almost certainly come with a settlement agreement, which will probably contain some limitations about what you and your opponent can and cannot say about your case. It is very important to have a skilled San Mateo injury attorney by your side and that you understand and follow those contractual requirements. And, if your opponent does not follow them, then you may be entitled to recover additional compensation for your opponent’s breach of the contract.

Here’s an example from Southern California. E.L. and M.J. were neighbors in Los Angeles County. The neighbors’ legal battle began after E.L.’s dog killed M.J.’s cat. Each neighbor hired an attorney and, ultimately, the two neighbors agreed to a settlement where the dog owner paid the cat owner $2,000. The settlement agreement also contained a clause that said that neither neighbor was allowed to disparage the other.

Sometime after the two neighbors signed the agreement, E.L. posted a “hostile message” about M.J. on the website Nextdoor.com. M.J. then responded by suing E.L. (again.) This time, he sued for defamation, as well as breach of contract.

A Fatal Hit-and-Run Accident on Highway 101 in San Mateo Kills a Man Who Was Aiding Another Driver

February 26, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Hit-and-run accidents can be devastatingly harmful to those injured. In a regular accident, the victim has suffered harm, but also has the identity of the other driver and the name of that driver’s insurer when it comes time to seek compensation for losses he’s suffered. In a hit-and-run accident, the injured person has the same harm, but has no identifiable driver to pursue for his losses. So, if you’ve been injured in a hit and run accident, does that mean that you must wait for the police to catch the hit-and-run driver and, if they don’t, you are completely “out of luck” when it comes to filing a lawsuit for your damages? Not necessarily. There may still be options to get you the compensation you need. Talk to a knowledgeable San Mateo car accident attorney about your circumstances to discover what you can do.

J.G.A. was an example of the good in people. According to KPIX, the 31-year-old driver from South San Francisco came upon a single-vehicle accident on southbound 101 in San Mateo just before 2 a.m. one morning. J.G.A. stopped to help the driver who had crashed into the center median and suffered serious injuries.

A different driver was an example of the not-so-good in people. That driver, behind the wheel of a blue or green SUV, came upon J.G.A. and the first driver. According to the report, the SUV driver slammed into J.G.A. and kept going. J.G.A. died as a result of the injuries inflicted by the hit-and-run driver.

A Recent Fatal Accident is a Reminder How Dangerous California Roads are for Motorcyclists

February 19, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

If you are a motorcyclist or motorcycle passenger hurt in a collision with a car, truck or SUV, you may be entitled to sue and collect substantial compensation. Going to court and achieving a successful outcome (either through judgment or a settlement) can be extremely necessary, as you may have received (and will incur) a large amount of medical bills and related costs (such as physical therapy and rehab,) and you may have lost a significant amount of earnings due to an extended absence from work. To be sure you are getting all of the compensation you need and that the law says you deserve, be sure you have obtained legal representation from a knowledgeable San Mateo motorcycle accident attorney.

Earlier this month, a fatal motorcycle crash in San Diego County led to one man’s death and another man’s arrest on felony charges. Patch.com reported that R.E., who was driving a truck that was hauling a trailer, approached a road that had a “right turn only” sign. Despite the sign, the truck driver attempted a left turn. A motorcyclist hit the truck and was pronounced dead at the scene. Police charged the driver of the truck with vehicular manslaughter.

Although that crash happened in San Diego County, many other injury or fatality-causing motorcycle accidents regularly occur in San Mateo County and the surrounding areas. Statistics show that driving on California’s highways, roads and streets can be very dangerous for motorcyclists. In 2017, there were more than 16,500 motorcycle accidents, which caused more than 15,500 injuries and 541 deaths. Those numbers represent an upward trend. In the 10 years between 2006 and 2016, motorcycle deaths more than doubled.

The Importance of Size When You Are Pursuing a Trip and Fall Case in California Due to a Sidewalk Defect

February 13, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

When you are suing someone in a trip-and-fall accident, it is important that the defect that tripped you up not be so slight that the law defines it as “trivial.” That means that the defect was so minor or small that a reasonable person would have been able to navigate it without harm. If you can overcome this “trivial defect” argument hurdle, then you have an enhanced chance of getting your day in court to prove your case and recover compensation. To make sure you are clearing the “trivial defect” and all other hurdles, be sure you have a skilled San Mateo trip and fall attorney working on your behalf.

A pair of cases illustrate each side of this legal coin. M.M. was successful in her premises liability lawsuit because of the strong evidence she had, while C.H. was not successful in his case.

M.M. overcame the “trivial defect” argument in her case against a hotel due to her evidence regarding size. In some cases, California courts have held that defects as small as ½ inch were not trivial and allowed the injured person to proceed to trial. However, cases with defects of less than 1” often have a greater chance of overcoming this “trivial defect” hurdle if there are special or “aggravating” circumstances, like broken or jagged concrete edges, cracks or potholes.

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.

California County Pays $27M for a Deputy’s High-Speed Crash that Left a Child With a Permanent Brain Injury

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

When a child is catastrophically injured in a crash, there are many things that must be addressed. In order to get to a truly successful result, you will need evidence that the person or entity you sued was at fault and you will need proof of the damages your child suffered. To make sure you get all the proof you need to get the outcome your family deserves, be sure you have retained an experienced San Mateo car accident attorney to represent you from the very start.

A recent report from the Sacramento Bee is a reminder of the horrible injuries that can sometimes befall children in vehicle crashes. 10-year-old J.A. suffered a massive head injury after a speeding SUV slammed into her family’s Honda CRV. The driver of the SUV was a sheriff’s deputy on his way to back up other officers in a police emergency.

J.A.’s was what’s called in medical practice a “closed-head” injury. Closed-head injuries can be just as severe and life-changing as an open-head injury. According to the family’s attorney, J.A.’s was one of those catastrophic closed-head injuries. The injury caused permanent brain damage that meant J.A. would “likely require 24/7 living care for the rest of her life.” For more than a year after the crash, J.A. did not respond to hearing her name called or hearing her favorite songs being played on an iPad, according to the report.

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.

A California Court of Appeal Upholds a $9.5M Judgment for the Family of a Man Killed in a Pedestrian Accident

January 15, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Recently, the family of a 62-year-old man killed in a San Mateo County crash recovered a judgment of $9.5 million against a driver and the state Department of Transportation (Caltrans). Rather than relying solely on the past history of injuries at the exact intersection where their relative died, they used proof of a similar death at a similar intersection to persuade the jury that Caltrans should have known about the dangerousness of the intersection. The success of this technique, affirmed by the Court of Appeal, demonstrates that there may be more than one way to achieve a successful outcome in your intersection accident case against a governmental entity. Be sure to retain an experienced San Mateo pedestrian accident attorney who can help you explore all your options.

A 62-year-old bicyclist, C.C., was crossing El Camino Real in Atherton on foot when a southbound passenger sedan struck him. C.C. was walking with his bike inside a crosswalk at the time of the accident. The driver never saw C.C. and never hit his brakes. In fact, he was going an estimated 42 mph when he slammed into C.C. and thought a tree branch had fallen on his car. The collision was violent enough that it threw C.C. more than 50 feet and his bicycle more than 70 feet. He was pronounced dead at the scene.

The bicyclist’s wife and daughters sued the driver and Caltrans. The crosswalk where C.C. died was unreasonably unsafe, the department should have known it, but did nothing address the dangerous condition, they argued. A jury agreed. After a two-week trial, the jury found the driver 10% at fault and Caltrans 90% responsible. The jury assessed the total damages to be $9.5 million.