Wrongful Death

3 Girls Killed in Halloween Santa Ana Pedestrian Wrongful Death Accident

November 2, 2014 | by Robert Walch

Three girls were tragically killed on Friday night when they were struck by a speeding vehicle while trick or treating. According to cnn.com, the Santa Ana accident occurred when the three girls, all aged thirteen years old, were hit by a vehicle that was speeding. Two male occupants of the vehicle apparently fled the scene, but were followed by a witness. Eventually, the two men left the Honda CRV and fled the scene by foot.

The speed limit at the location of this Santa Ana wrongful death was 25 miles per hour, but apparently the vehicle might have been going approximately 50 miles per hour when it struck the girls. The Santa Ana Police Department is investigating this case and searching for the men responsible. We can only hope that the registration on the vehicle matches up with the driver, so that the driver can be brought to justice.

In many of these types of incidents, the driver of the vehicle is intoxicated, with alcohol and/or drugs, and decides that it would be better to flea the scene than to be found intoxicated at the scene. Hopefully the driver and other occupant of the vehicle will see the error in their ways and turn themselves in immediately.

Young Girl Tragically Killed in El Monte Milk Truck Accident

August 14, 2014 | by Robert Walch

According to the Los Angeles Times, a milk tanker truck apparently caused a serious accident on the 60 freeway today in El Monte. The big rig truck accident, which involved eight cars and three big rig trucks, killed a five year old girl. In addition, at least 12 other people suffered injuries in the El Monte truck accident.

The milk truck crash occurred early this morning, before 6am, when the milk tanker truck collided with other vehicles and then landed on the center divider of the freeway. The resulting damage and milk leak caused authorities to have to shut down both sides of the 60 freeway. The closures caused massive traffic delays for commuters.

In addition to the crashed vehicles and massive spill, two cars caught on fire and had to be extinguished by firefighters. A hazardous materials team from Los Angeles County was also called in to help with the milk spill.

We offer our sincerest condolences to the family of the young girl who was tragically killed in this tanker truck accident and wish a speedy recovery to those who suffered injuries.

Actor Tracy Morgan Suffers Critical Injuries in Wal-Mart Truck Accident

June 7, 2014 | by Robert Walch

Tracy Morgan, a well known comedian and actor, who often performs in Los Angeles, suffered very serious injuries in a Walmart truck accident this morning. The accident happened in New Jersey, when a Wal-Mart truck driver apparently lost control of the truck and struck a limousine that was transporting Tracy Morgan, as well as others. Tragically, another comedian, James McNair, knows as Jimmy Mack, who was with Morgan in the limousine, was killed by the Wal-Mart truck.

According to the Los Angeles Times, the driver of the big rig truck, Kevin Roper, may have been dozing while driving, which allegedly caused this tragic big rig truck accident. Bill Simon, the President and CEO of Wal-Mart, expressed his condolences and said that if it is determined that the Wal-Mart truck driver caused the accident, WalMart would take full responsibility.

Morgan and the rest of the passengers were apparently riding in a chauffeured sports utility vehicle limousine that was hit by the WalMart big rig truck. The full extent of Morgan’s injuries is not yet known, but it is reported that his family is with him at the hospital.

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.