Wrongful Death

Uber Wrongful Death Lawsuit Should Clear Unsettled Law on Ride-Sharing

February 6, 2014 | by Robert Walch

As many of you know, a tragic pedestrian accident occurred on New Year’s Eve, when a driver, who was allegedly logged into Uber’s system, struck a family crossing a street. According to the Los Angeles Times, Sofia Liu’s family has filed a wrongful death lawsuit against Uber, alleging that although the driver of the car was not carrying any passengers for Uber at the time of the accident, Uber is still responsible, as the driver was working for Uber.

The California wrongful death suit alleges that because the driver was available for Uber application users to reserve him for a ride, this is Uber’s business and Uber should be held responsible. Uber, however, like most corporations and insurance companies, are looking for ways to deflect liability away from themselves, to avoid paying wrongful death damages.

Unfortunately, the law is still very unsettled when it comes to ride-sharing applications and companies, as this is a rather new service available to people in California. These companies operate by paying people to use their own vehicles to give rides, then sharing the revenue from the consumer. The California Public Utilities Commission requires that the companies, such as Uber, carry one million dollars of liability insurance coverage. However, it is not clear if that coverage kicks in only when the driver is carrying passengers, responding to calls to pick up passengers, or simply available to pick up passengers and logged into the Uber system

Woman Killed in 405 Freeway Motorcycle Accident

January 22, 2014 | by Robert Walch

A woman was killed early this morning in a Los Angeles 405 Freeway motorcycle accident. The Los Angeles motorcycle accident occurred in the Sepulveda Pass. It is unclear at this time what caused the motorcycle crash, but the Los Angeles Times is reporting that the motorcycle and another car collided on the freeway and the female motorcyclist was killed. The woman who was killed in the crash, Fallon Naccarato, is from Newbury Park, California.

Due to this motorcycle accident fatality, the investigating officers closed all five lanes of the 405 Freeway, near the Getty Center. However, by nine o’clock in the morning, all lanes were open for traffic. Any witnesses to this motorcycle accident in Los Angeles should contact the California Highway Patrol and provide any information they may have.

Authorities will have to investigate whether the motorcycle or the vehicle caused this crash. Often, we see that the motorcycle rider is blamed, even when the driver of the car is actually at fault for the crash. This is often due to misconceptions about motorcycle riders, including that they speed, weave between lanes and drive recklessly.

Young Girl Killed in Tragic Uber Accident

January 2, 2014 | by Robert Walch

A pedestrian accident in San Francisco, involving an Uber driver, has resulted in the death of a young girl and caused serious injuries to her brother and mother. According to TechCrunch, an Uber SUV driver collided with the family as they were walking in a crosswalk. Apparently, the driver was not in the process of transporting an Uber rider, so Uber’s liability insurance may not apply to cover the California wrongful death damages.

This Uber car accident brings up many important legal issues that may not be addressed under current California law. Normally, with a common carrier, such as a taxi, there is a commercial insurance policy in place covering the taxi. The policy will cover the taxi if it causes an accident while transporting people or not. However, with Uber, the company may claim that its drivers are not working for Uber unless they actually are transporting the Uber customer(s) at the time of the crash. Uber’s argument would be strengthened by the fact that Uber does not own the vehicle and the driver is free to do his/her own thing when not transporting an Uber rider.

Victim’s rights advocates, like California personal injury lawyers, may make the argument that if the driver is available to Uber or in the process of picking someone up for Uber, that he/she is working for Uber and Uber’s insurance should apply to cover the damages caused by the accident.

Riverside Car Accident Results in Wrongful Death

December 27, 2013 | by Robert Walch

A wrong way driver caused a tragic Riverside car accident early Thursday morning when her vehicle struck another vehicle in a head on collision. The car accident in Riverside occurred on the 60 Freeway close to Day Street in Riverside County, California.

According to the Los Angeles Times, the CHP initially received reports that there was a Chevrolet Impala traveling in the wrong direction on the freeway. Shortly thereafter, the CHP found out that a crash had in fact occurred.

The man who was traveling the correct direction was killed and passed away at the scene of the Riverside crash. The woman who was driving in the wrong direction, Patricia Starr-Blanco, suffered serious car accident injuries. Her prognosis is not yet known. Ms. Blanco also had a passenger in her car who suffered injuries that were not described as life threatening.

7 Car Tarzana Accident Causes Injuries and Wrongful Death

December 17, 2013 | by Robert Walch

A car accident in Tarzana on Monday, involving a total of seven automobiles, caused the death of one woman and numerous car accident injuries to other people involved in the crash. The crash occurred near the intersection of Ventura Blvd. and Corbin Ave., which is near where Tarzana and Reseda meet.

The woman who passed away as a result of the Tarzana car accident was not identified by the Los Angeles Times. According to investigators, it appears that speed may have been a factor in this multi-vehicle collision. The LAPD said that a Ford Taurus was probably the cause of the collision, as it collided with numerous vehicles. The Ford Taurus driver, who was also injured in the collision, was hospitalized as a result of the accident injuries.

In a case like this, the family of the Tarzana wrongful death victim should immediately contact a local wrongful death lawyer who can help recover wrongful death damages from all responsible parties. Typically, the first source for such a recovery would be the auto insurance liability coverage of the responsible party or parties. It will first be necessary to determine who was at fault, then the attorney will have to locate the applicable coverage and seek the maximum monetary recovery for the heirs of the deceased.

Man Killed in Hollywood Car Accident

October 30, 2013 | by Robert Walch

A Hollywood car accident early Monday morning resulted in the death of a man. According to WEHOville, the car accident occurred on La Brea Avenue, near where Hollywood meets West Hollywood, at about 2:00am, Monday morning. Witnesses stated that the man was driving too fast, struck parked vehicles, then hit a taxi. There was no report on whether alcohol or drugs may have played a part in this fatal Hollywood accident.

The driver of the taxi, which was struck by the car, had to be taken to a local area hospital. Fortunately, his injuries were only described as minor. The taxi driver was treated and released. Since it appears that the driver who tragically passed away in the car accident was probably at fault for causing the crash, there will probably not be any car accident wrongful death case here. However, if there was another reason for the crash, such as a defective road design, a wrongful death claim may possibly be made. Our hearts go out to the family of the deceased.

UCLA MOURNS DEATH OF WIDE RECEIVER KILLED IN SAN CLEMENTE CAR V. PEDESTRIAN ACCIDENT

September 10, 2013 | by Robert Walch

UCLA football player, Nick Pasquale, was killed Sunday, September 8, 2013, when, while he was walking, he apparently was struck by a car in San Clemente, California. The car reportedly stopped and the driver was not cited. The specific causes of this fatal pedestrian accident are reportedly still under investigation.

According to the Los Angeles Times, Nick was a highly regarded high school athlete at San Clemente High School. At UCLA he was an undersized receiver at 5’7″ and 172 pounds, but was quick, a vocal leader and played in UCLA’s first game this season, a 58-20 victory over Nevada on Saturday, August 31, 2013. That was Nick’s first game ever for UCLA, and so sadly his only game for his university.

Nick was a red shirt freshman, also contributing to UCLA’s success by playing on UCLA’s scout team against its starting defense.

Parts of Beverly Hills Evacuated Due to Ruptured Gas Line

August 7, 2013 | by Robert Walch

According to the Los Angeles Times, due to the apparent risk of gas explosion injuries, parts of Beverly Hills, California were evacuated today after a rupture occurred in an underground gas line at a construction site. The construction site is for a public works warehouse on 3rd Street in Beverly Hills.

Various entertainment companies had to evacuate their offices due to the risk of a Los Angeles gas explosion. Only minutes ago, it was announced that the gas line rupture had been successfully repaired and the evacuation order was lifted. Fortunately, no injuries were reported from the Beverly Hills gas line rupture.

Southern California Gas Company as well as the Beverly Hills Fire Department worked on repairing the ruptured Beverly Hills gas line.

Just this week, unfortunately, residents of the city of Rosario, in Argentina, were not as lucky when a gas explosion killed at least 10 people and left many others unaccounted for. Apparently, according to Stuff.co.nz, work was being done on the gas system for an apartment building shortly before the gas explosion occurred. That explosion completely destroyed a 10 story apartment building and also caused many gas explosion injuries. Our hearts go out to the victims of this gas explosion, which has particular significance as it was in the home town of Barcelona soccer legend, Lionel Messi.

80 Killed in Spanish Train Accident

July 31, 2013 | by Robert Walch

A train accident on July 24th in northwestern Spain resulted in the death of 80 people and many train accident injuries. According to the Los Angeles Times, the driver of the train, Francisco Garzon, was going too fast for the conditions, as he had to go around a curve. Garzon, who was going approximately twice the speed limit, apparently did not see that there was a curve coming.
Garzon has been charged with reckless homicide for the train passenger deaths. In addition to the wrongful death train accident victims, many passengers were taken to the hospital with very serious train accident injuries. We wish a speedy recovery to these victims of this tragic train crash.

Unfortunately, we see many train accidents happening around the world. Many get reported, but most train accident injuries are less severe and do not make international news. Many people around the world, including in Los Angeles, have been injured by metro, subway and other trains. These train accident injuries range from relatively minor falls, sometimes caused by a rapid acceleration of the train, or more serious incidents involving loss of life.

Man Killed in Calabasas Motorcycle Accident Wrongful Death

June 17, 2013 | by Robert Walch

A 25 year old man from Calabasas, John Westerlund, was killed in a Calabasas motorcycle accident on Wednesday. According to The Acorn, the Calabasas accident occurred on Las Virgenes Road, when the driver of a pick up truck pulled out in front of the motorcycle, attempting to make a u-turn from a parked spot on the street.

Our Calabasas accident lawyers have seen this scenario over and over again. A car will be parked parallel to a street and then, without noticing a car coming in the same direction, will attempt a u-turn when the driver thinks it is safe to enter the opposite direction of travel. Many of these collisions result in a t-bone collision, where the car or motorcycle traveling straight broadsides the vehicle attempting the illegal u-turn.

Oftentimes, the auto insurance company for the vehicle making the illegal turn will try to deflect their liability (fault) by arguing that the vehicle traveling straight was trying to go around the turning vehicle. Insurance companies will often make up these bogus arguments in order to make it more difficult for the victim to get his or her vehicle repaired right away, which causes much frustration and inconvenience. These are among the many reasons to hire an experienced Calabasas car accident lawyer right away after an accident when you are not at fault.