Wrongful Death

4 Dead and Many Injured in Riverside, California Bus Accident

May 21, 2014 | by Robert Walch

A Riverside bus accident today, involving a big rig truck and other vehicles, has resulted in the deaths of four bus passengers. The bus was operated by El Paso-Los Angeles Limousine Express Inc. In addition to the bus accident wrongful death victims, the 30 other people on the bus were taken to local hospitals for their bus accident injuries. According to the LA Times, the accident occurred early this morning on Interstate 10 in Riverside, California.

It appears that this chain reaction bus accident in Riverside may have been initiated by a big rig truck that lost control on the freeway, hitting the center divider and spilling the pipes that it was carrying. Eventually, the bus, on the other side of the freeway, crashed and rolled off of the freeway.

Whenever there is a big rig truck accident in the early hours of the morning, there is always a possible issue as to whether the truck driver was taking appropriate rest stops and had slept enough prior the collision. This information should be obtainable by a California truck accident lawyer, including through depositions, subpoenas and written discovery. Fortunately, big rig trucks normally are covered by a commercial insurance policy, which we hope will have enough coverage for the wrongful death damages and to cover the injuries suffered by the other passengers.

Update: 10 Killed in Orland, California Bus Accident

April 11, 2014 | by Robert Walch

CNN is reporting that a total of 10 people have passed away due to the Fed-Ex big rig truck crash with the bus in Orland, California yesterday. The fatalities from the Northern California bus crash include the drivers of both the FedEx truck and the bus that was carrying students to visit Humboldt State University.

In addition to the drivers, five high school students were killed in this tragic accident, as well as three people who were chaperones for the students. Reports indicate that the students were in a program designed for disadvantaged high school students, from families with low incomes or would be first generation college attendees. Some of the students on the bus were from the Los Angeles Unified School District.

The California Highway Patrol has not yet determined what caused the Fed-Ex big rig truck to cross over the highway median on I-5 and crash head on into the passenger bus. In addition to the fatalities from this California bus crash, over 30 people were taken to hospitals with truck crash injuries.

Northern California Bus Accident With Fed-Ex Truck Kills 9

April 10, 2014 | by Robert Walch

A tragic California bus accident today, in which a bus was struck by a Fed-Ex big rig truck, has resulted in at least nine deaths and numerous injuries. According to the Los Angeles Times, the Northern California bus crash occurred when the FedEx truck, traveling southbound, crossed into the opposite direction of Interstate 5, when it crashed into the bus. The bus may have been carrying Los Angeles school students who were in Northern California to visit Humboldt State University, during spring break.

After this terrible bus accident, the bus caught on fire and ended up completely burnt out. It is not clear if the students who were injured escaped the bus before the fire, or if they suffered fire, burn and smoke inhalation injuries as well.
Whether the students on the bus were in fact from Los Angeles has not yet been confirmed. Initial reports suggest that they are high school seniors from a school in South Los Angeles. Our hearts go out to the injured students and the families of the injured and deceased.

Lyft Offers Additional Coverage in Case of a California Car Accident – Is it Enough?

February 11, 2014 | by Robert Walch

Lyft, a popular ride-sharing application, has announced that it is increasing the auto insurance coverage for its drivers. Currently, the law in California only requires ride-sharing companies, like Lyft, Uber and Sidecar, to carry one-million dollars in car accident liability insurance. This is the insurance coverage that covers people who are injured in an accident caused by a driver working for one of these companies.

The law does not, however, require that the companies provide collision coverage, which is used to repair the vehicle damaged in a car accident, or uninsured motorist coverage, which would cover the driver and passengers of the vehicle, if the other driver causes the car accident and does not have coverage or does not have adequate coverage for the serious injuries suffered.

According to the Los Angeles Times, Uber has said that they have been providing collision and uninsured motorist coverage since December. Lyft is now offering its drivers the option of carrying collision coverage and uninsured motorist coverage. If covered, it is unknown how much uninsured motorist coverage these companies will provide for their drivers and customers.

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.