Articles Posted in Wrongful Death

justin-luebke-43166-copy-300x200In early May, three men were involved in a deadly accident on Highway 168 between Auberry and Shaver Lake. The men were in a Chevrolet Avalanche truck, which rolled 200 to 300 feet down an embankment on the side of the highway. Two men from Clovis, aged 19 and 20, were ejected from the vehicle and pronounced dead at the scene. A third man, 24, was still within the vehicle, possibly up to 12 hours after the crash. Once he was extricated, he was airlifted to a Fresno-area hospital.

The tragic accident is also under investigation as a possible intentional act, according to the Fresno County Sheriff’s Office. The investigation’s direction was guided after statements made by the survivor of the accident rose some red flags for law enforcement officers.

A Wrongful Death Claim Following a Crash

hogarth-de-la-plante-17754-copy-300x179On May 1, the San Francisco Bay Area experienced at least three fatal traffic accidents between midnight and 5 in the morning. The first accident took place on Highway 880 in San Leandro, just south of Marina Boulevard. Two vehicles were part of the initial collision, though a total of four vehicles were involved. The driver of one vehicle died at the scene while another driver was taken to the hospital with major injuries. The other motorists were uninjured.

The second incident was on Highway 101 in San Francisco. A pedestrian walking within a crosswalk was hit by a motorist who lost control of his vehicle. Initial reports are that the motorist left the scene but later reported hitting the pedestrian through 911 and has been interviewed by investigators. There is no evidence that the driver was intoxicated at the time and no arrest has been made.

The third accident was also on Highway 880, but this time in Oakland. Three vehicles were involved in the crash and one of the vehicles caught on fire. Two individuals were killed, a 34-year-old man and a 4-year-old girl who was not properly restrained in a child safety seat. An initial statement by the California Highway Patrol said one of the diver’s may face charges for the unrestrained child’s death. Other passengers, including a 2-year-old girl, were hospitalized.                                                                

102abqkkhby-rezaul-karim-200x300A vehicle crashed into a Muni bus stand, injuring 10 people, several of them critically. The accident occurred on Stockton Street in Chinatown. The crash is under investigation. According to reports, the crash happened when a driver lost control of her vehicle. First, the car hit a parked vehicle and a moving car before careening into the bus stop enclosure. The crash happened on December 22, 2016.

Injuries Due to the Crash

Many people suffered serious injuries as a result of the accident. Reportedly, injuries included broken bones, head and neck injuries, and back injuries. An elderly woman suffered fractures to her pelvis, ribs, and leg. Most victims are expected to make a full recovery, but several were initially listed in critical condition with life-threatening injuries.

800px-Peanut_Butter_TextureThe family of a 13-year-old girl who suddenly and tragically died after an allergic reaction brought on by consuming a snack containing peanut butter have settled their suit against the City of Sacramento and Camp Sacramento for several million dollars. According to the suit, the girl went into anaphylactic shock after consuming a Rice Krispies treat that contained peanut butter. According to the suit, the peanut butter had been mixed in with the other ingredients so that it would not have been noticeable by sight or by taste. There was also no warning label placed near the treats that would have alerted someone that peanut butter was present in the snack.

Settling Wrongful Death Cases is a Heart-Wrenching Experience

News reports do not disclose the reason the family decided to settle their case against the city. Nonetheless, the decision to settle any personal injury case – especially one involving the sudden death of a loved one – is not a decision many plaintiffs enter into lightly. By settling, plaintiffs may feel as if they are somehow letting the responsible party “off the hook” or allowing them to escape full accountability for their actions. However, settling a case may make sense when:

Jim_CarreyFamous actor and comedian Jim Carrey was named as the defendant in a wrongful death lawsuit filed by the estranged husband of Cathriona White. Ms. White and Mr. Carrey were involved in a dating relationship despite the fact that Ms. White was still married to her husband at the time. Ms. White committed suicide in 2015 by overdosing on several prescription medications. Now, Ms. White’s husband Mark Burton is claiming is claiming Carrey should pay compensation for causing and/or contributing to Ms. White’s death.

California Wrongful Death Lawsuits

The typical personal injury plaintiff prevails in his or her personal injury lawsuit if he or she can prove, by a preponderance of the evidence (that is, more likely than not) that the defendant named in the suit acted in an irresponsible or careless manner and that this behavior caused the injured plaintiff’s losses and injuries. Wrongful death lawsuits in California are similar in that the plaintiff alleges the named defendant’s careless or (sometimes) intentional acts caused a person’s death. The main difference between a personal injury lawsuit and a wrongful death lawsuit is the identity of the plaintiff: Whereas the injury victim him- or herself is the plaintiff in a personal injury lawsuit, the plaintiff in a wrongful death lawsuit is usually the spouse, partner, or child of the decedent.

There are many benefits to living in California.  We have gorgeous weather, wonderful people, and beautiful natural spaces that range from beaches to mountains and deserts to forests.  Of course, there are downsides and perhaps the most-voiced concern (aside from cost of living!) is the ever-present risk of earthquakes.  While earthquakes are a natural phenomenon, the actions or inaction of people/entities can add to the risk of injury or property damage.  At the Brod Law Firm, our Northern California earthquake lawyer helps people bring civil lawsuits after a California earthquake.  These include suits against various parties whose negligence had tragic results as well as suits against insurance companies who deny valid claims.

Major Earthquakes Strike Italy and Myanmar Bringing Tragedy to Two Nations

This week, the world was reminded of the havoc and tragedy that earthquakes can unleash.  As CNN reported, a 6.2 magnitude earthquake struck central Italy in the early hours of Wednesday August 24.  Early reports put the death toll at 73 (Note: The number has since increased to at least 241.).  The mayor of Amatrice, where most of the fatalities occurred, told CNN: “The town is no more.”  At least 100 people were injured.  Officials expect death and injury tolls to rise in as rescuers dig through the rubble.  The risk is far from over as aftershocks are expected to roll through in the coming days.

Car crashes can have many terrible consequences that may impact automobile occupants and bystanders alike.  One consequence that many people don’t think about is the link between car crashes and gas leaks.  Gas leaks can be silent killers, poisoning the air and creating the risk of horrific explosions.  As a San Francisco gas leak injury lawyer, Attorney Brod knows these incidents are far more common than people might imagine.  He and his team believe in helping the injured and/or mourning by holding the responsible parties accountable for the consequences of their actions.  We bring personal injury suits and/or wrongful death claims in Northern California in cases of car accidents, gas leaks, and cases that involve a dangerous combination of both.

Auto Accidents Causing Gas Leaks: Far Too Common, Far Too Dangerous

CBS SF reports that fire crews were called to the 2200 block of Story Road in East San Jose on Sunday due to reports of a gas leak.  Accordgaslineing to San Jose Fire Department Capt. Brad Cloutier, the leak was the result of a motor vehicle crash.  Officials evacuated numerous buildings and homes located on Story Road and Amador Drive.

Most of the injury cases we handle at The Brod Law firm can be classified as accidents.  While the defendant’s negligence or recklessness caused the incident, typically the defendant did not actually intend for anyone to get hurt, much less killed.  However, it is important to remember that California law does allow for civil claims in the case of intentional injury, such as a civil case seeking compensation for shooting injury or death.  As an Oakland intentional injury attorney serving all of Northern California, Greg Brod works to get victims compensation for a wide-range of intentionally inflicted injuries and wrongful deaths.  This commitment includes serving as a San Francisco and Oakland shooting injury lawyer.

Spate of BB Gun Shootings in San Leandro and Surrounding Region

Webbguns are reminded of the importance of civil claims for intentional injury as we continue to hear about the rising number of BB gun shootings in our region.  Last weekend, ABC7 reported that police were looking for suspects who used a BB gun to shoot a woman and damage a pizza shop in San Leandro.  Investigators told reporters that the shooting happened on East 14th Street and said they are looking for the driver of a Jeep Grand Cherokee seen in surveillance videos.

At the Brod Law Firm, we are concerned with the health and safety of all who live in and visit Northern California.  We believe wholeheartedly in “Prevention First” and we would much rather see accidents avoided than see clients after the fact.  Still, we are also committed to victims.  We represent people who are injured or grieving because of the actions (or inaction) of a negligent person or careless company.  Our dual commitment can be seen in our work as an Oakland refinery accident law firm.  We advocate for refinery safety in the hopes of preventing refinery accidents.  We also represent people injured in refinery fires, harmed by toxic gases released from area refineries, or otherwise injured because a refinery failed to take preventative measures.

Report Criticizes Tesoro Refinery for “Safety Culture Deficiencies”

Earlier this week, ABC7 reported on the release of a new federal report that criticizes officials at Tesoro Martinez Refinery for promoting a lax safety culture.  The U.S. Chemical Safety Board (“CSB”) cited 15 separate acid spills at refinerythe refinery during a five-year span including the 2014 spill during which two refinery employees were burned and some 84,000 pounds of sulfuric acid were released.  According to the CSB’s chairwoman, “While these incidents may appear to be isolated events, they are indicative of safety culture deficiencies at the Tesoro Martinez Refinery.”  Likewise, one of the lead investigators suggested that sampling systems used by the refinery “routinely exposed operators to avoidable risk.”

Trust is a fundamental part of almost all human relationships.  We trust that our spouse will be loyal, that our mechanic will be capable, and that other drivers will follow the rules of the road.  Perhaps there is no relationship in which trust is so important as that between a patient and a doctor.  We put our health and our lives in their hands, as well as the well-being of our children, because we believe they have adequate training and will remain true to their oath to do no harm.  Sadly, as our San Francisco wrongful death lawyer knows all too well, sometimes things go horribly awry.  While not every negative outcome is cause for a lawsuit, when medical providers fail to adhere to a proper standard of care and the result is harm to the patient, a medical malpractice lawsuit, wrongful death, or another civil claim may be appropriate.

Tragic Death of a Young Girl Following Dental Procedure in San Ramon

While it is far too early to know what went wrong and if someone is legally at fault, a tragedy occurred at a Northern California dental office last weekend.  According to SFGate.com, a three-year-old girl died last Saturday following a dental procedure at a medical office in San Ramon.  Emergency responders were called to the office around 10 AM on Saturday when someone reported that the child had stopped breathing following treatment.  The girl was taken to San Ramon Regional Medical Center where doctors pronounced her dead.  It is not known whether the child was under anesthesia nor do officials know the nature of the dental procedure performed that morning.  Medical and fire personnel declined to release details or comment on the case citing patient privacy laws.