RIGHT OF WAY QUESTIONED AFTER HIGHLAND CAR CRASH LEAVES DEAD AND INJURED
July 23, 2018
A fiery car crash in Highland has left four dead and one person in critical condition.

17-year-old Nicolas Luna was returning home from school in a gold Ford Taurus which also held his 83-year-old grandfather, his 8-year-old niece and 7-year-old nephew. Luna turned in front of a silver Acura TL in the area of Cypress Street and Palm Avenue and the Acura crashed into their car.

The Taurus rolled over upon impact and burst into flames.

NO SURVIVORS IN TAURUS, OTHER DRIVER IN CRITICAL CONDITION

Three of the four occupants of the Taurus were not able to escape the vehicle. The driver was able to escape, but succumbed to his injuries shortly afterward. The driver of the Acura was taken to the hospital in critical condition. It is unclear who had right of way at the time of the collision.

UNDERSTANDING WHO HAS RIGHT OF WAY

Failure to obey right of way results in several car crashes every day.

The term “right of way” is used to determine which driver has the right to proceed. Right of way may be determined through signs, traffic signals, or following the rules of the road.

Some common scenarios where right of way may not be entirely clear include:

Making a left turn: Unless you have a green arrow, turning drivers must yield to oncoming traffic (including cars making a right turn when the light is green). If you turn left without a green arrow and strike a vehicle which is proceeding forward, it is likely that you will be found at fault
Making a turn on red: Turning right on a red is legally permissible unless signage indicates otherwise. In this situation you must yield to cars going through the intersection when there is a green light (including cars making a legal left turn on a solid green light). Vehicles moving on a green light always have right of way
Parking lots and driveways: Vehicles traveling on a main lane in a parking lot that exits to a street has right of way over other vehicles from “feeder” lanes. If you are backing out of a parking stall or a residential driveway, you must yield to vehicles already moving through the lane
Merging: While it is common courtesy to allow merging vehicles to join into the flow of traffic, it is not required. Any vehicle merging into flowing traffic must yield right of way to those which are already moving forward

GET FREE EXPERT ADVICE FROM FOX & FOX INJURY ATTORNEYS

If you have been injured in a car crash in the Los Angeles area which was the result of another’s negligence, Fox and Fox Personal Injury Attorneys can help. We invite you to call today to arrange a free case consultation, at 818.986.4494.

WHO’S RESPONSIBLE FOR MULTIPLE VEHICLE CAR COLLISION?
July 13, 2018
California freeways generally experience heavy traffic volume at high speeds everyday, sometimes leading to catastrophic multiple vehicle collisions. A deadly collision recently occurred along the Golden State Freeway, killing one and injuring nine others. At least three cars, three big rigs, and a pickup towing a trailer and a van were involved.

With several vehicles involved, who should be made liable for the death and injuries of the victims?

Initial reports said that a vehicle hit one of the big trucks causing it to cross over the center divider and into the opposite lane and hit another big truck, causing the latter and another big rig nearby to catch fire. Authorities, however, have refrained to state any findings until investigation into the complicated car collisions is completed.

COMPLICATED CAR WRECKS

In California, tort law allows an injured party or their surviving heirs to recover damages when the incident causing harm is due to the fault of another party such as when a truck driver has fallen asleep behind the wheel or was driving while under the influence.

But not all crashes are due to one party’s negligence or carelessness. Crashes involving several vehicles are often the result of a complex set of factors where one or more parties may have contributed to the catastrophic incident.

CLAIMING COMPENSATION FOR CAR CRASH INJURY

When initial findings indicate that fault or negligence of more than one party may have led to the crash, injured parties may find it a challenge to claim compensation from insurance companies of the parties involved. This is because insurance companies will try to assign blame on other parties, including the injured party, in order to justify its denial or reduction of the value of the insurance payout.

ROLE OF PERSONAL INJURY LAWYER

It’s important to call an experienced personal injury attorney who can handle the paperwork and discussions with insurance companies rather than deal with the claims personnel on your own. Your Sherman Oaks car accident lawyer can also represent you before a jury and recover damages including the costs of past and future medical bills, past and future lost income, and for pain and suffering.

In Los Angeles, California, the personal injury attorneys at the law firm of Fox and Fox have been helping clients throughout the San Fernando Valley and other parts of Greater Los Angeles. We are focused on helping victims of negligence in all types of personal injury.

We invite you to call us today at 818.986.4494 for a free consultation.

PROPERTY OWNERS SUED FOR WRONGFUL DEATH DUE TO POISONING
June 21, 2018
The owners of an apartment building where a married couple died are facing a wrongful death lawsuit for the owners’ alleged failure to properly install carbon monoxide detectors which led to the untimely passing of the couple who had occupied a unit in the building.

CAUSE OF WRONGFUL DEATH

The couple, who were in their early 30s, were found dead in their home several months ago. An autopsy conducted on the couple showed that they had very high levels of carboxyhemoglobin in their blood. The couple also had two pet cats both of which also.

The mother of one of the decedents eventually filed a wrongful death lawsuit against the building owners (who were at the same time the landlord of the couple) for failing to install a carbon monoxide detector on the second floor of the apartment where the couple were asleep at the time of the poisoning. The lawsuit alleged that her son would not have died due to poisoning had the building owner installed the carbon monoxide detector at the 2nd floor in compliance with the California Building Code.

The decedent couple had lived in the defendants’ apartment building for seven years. The plaintiff’s son was a successful game developer who owned a gaming company while his wife had a Ph.D. in psychology and was pursuing her post-doctoral fellowship at UC Berkeley.

The lawsuit maintains that the young decedents were productive members of their community and were loved and respected by those who knew them.

RECOVERING DAMAGES

Unfortunate incidents such as poisoning can be devastating to the victims’ loved ones. While the deaths may not have been deliberate, they might have been prevented through necessary precautions such as the installation of carbon monoxide detectors in important locations throughout the building.

If you lost a loved one due to another person’s negligence, a compassionate and competent personal injury attorney can help you through the legal process of obtaining justice for your untimely loss.

Depending on the circumstances of the incident, you may be able to recover damages for:

Funeral and burial expenses
Loss of financial support that the decedent would have provided to the plaintiff
Loss of gifts or benefits that the decedent was expected to give the plaintiff
Loss of companionship, care, assistance, moral support of the decedent
Loss of training and guidance coming from the decedent

In California, the Los Angeles personal injury attorneys at Fox and Fox have been practicing law for over 40 years, helping families cope with the devastating consequences of wrongful death. We invite you to call us today at 818.986.4494 to speak to an attorney about your situation.

TWO FATALITIES IN RECENT COLLISIONS WITH BIG RIGS
June 8, 2018
A man was killed on March 23, 2017, after his car smashed into a big rig on the 101 Freeway. The truck had been parked along the shoulder of the road when the smaller vehicle crashed into it. In another incident, a man was killed on March 8, when his Ford F-150 veered into the opposite travel lane and crashed into a semi head on. These recent deaths highlight the dangers of big rigs in motor vehicle collisions, and the importance for vigilance and safety on the roadway.

DEATH TRAPS OF THE LOS ANGELES FREEWAYS

According to the California Office of Traffic Safety, there are over 30,000 car crashes and 3,000 traffic fatalities every year in the state. Los Angeles is by far the most dangerous area of California for serious motor vehicle collisions. There is one 27-mile stretch of the I-710 Freeway that is notorious for accidents – in 2010, trucks were involved in nearly one-third of all car crashes here, and were found to be at fault in nearly half the collisions.

STUDY REVEALS MAJOR FACTORS OF LARGE TRUCK COLLISIONS

A comprehensive report by the Federal Motor Carrier Safety Administration (FMCSA) on the causes of serious crashes involving large trucks, identified fatigue, drinking alcohol, and speeding as major factors. Other crash influencers could occur in the days, weeks, and months prior to the crash – such as:

inadequate or non-existent driver training
insufficient driver experience
vehicle manufacture problems
poor vehicular maintenance
highway conditions and signals
weather conditions
The FMCSA report studied over 100,000 large truck crashes over a two year period, and revealed that the most common driver factors contributing to crashes were inattentiveness, being distracted, failure to observe the situation properly, as well as driving too fast for the conditions, misjudging the speed of other vehicles, and following other vehicles too closely. The number one factor for large trucks was brake problems, followed by interruption in traffic, prescription drug use, and traveling too fast. For crashes specifically involving large trucks and passenger vehicles, the most common causes were interruption of traffic flow, unfamiliarity with roadway, inadequate observation, and driving too fast for conditions.

DEADLY NATURE OF LARGE TRUCK CRASHES

Collisions with large trucks are also much more deadly than with other passenger cars. This is due to their sheer size and weight, and the massive force and momentum they generate, often irrespective of the truck’s speed. When a tire comes off of a semi-truck it can have devastating consequences for numerous vehicles, and often occurs without the driver of the truck even being aware. Truck drivers are often over-worked, given unrealistic demands, and their trucks are often not properly maintained.

LARGE TRUCK COLLISIONS ON THE RISE

Crashes with large trucks are indeed on the rise, and measures are being taken to combat the problem, including mandating of stability control, better traffic enforcement, and tighter regulations. If you are on the roadway in Los Angeles, it is imperative to be aware of these dangers.

CALL FOX & FOX TODAY
818.986.4494

If you or someone you know has been involved in a motor vehicle collision with a large truck, as a result of the negligence or reckless conduct of another, you may be entitled to significant compensation. This can include recovery for injuries, lost wages or earning capacity, pain and suffering, and property damage.

The personal injury attorneys at Fox & Fox have the experience and expertise needed to examine your case and help get you the recovery you deserve. A car crash with a large vehicle is a devastating enough experience. You don’t need to continue to suffer afterwards through lost earnings, pain and suffering, hospital and medical bills, without receiving the compensation to which you are entitled.

We invite you to call us today to arrange a free initial consultation at 818.986.4494.

WRONGFUL DEATH SUIT BROUGHT AGAINST CATHOLIC DIOCESE
May 21, 2018
A 50 year old Los Angeles man committed suicide in 2015 after he was unable to cope with continued feelings of depression, violation, and guilt. He struggled with these emotions for decades, after having been subjected to repeated sexual abuse by a local area priest as a child.

His family is now pursuing a wrongful death suit.

WEB OF SADISTIC ABUSE

The victim served as an altar boy in the 1970s at a Catholic church and school, under the authority of the predator priest. There the victim became one of many boys subjected to repeated sexual abuse. In the widespread sexual abuse scandal that took place in recent years, this priest was revealed to be one of the worst predators in the Catholic Church.

The suit alleges that the priest “set his sights on [the victim’s] youthful vulnerability” and “entrapped [the victim] in his web of sadistic abuse while simultaneously alienating [the victim] from his family and support system” (www.patch.com).

The predator priest is said to have warned the victim to stay silent and made threats if he ever said anything. The victim stayed silent, out of fear, until many years later, when other victims began coming forward.

A WRONGFUL DEATH LAWSUIT

A wrongful death suit may be pursued when someone dies as a result of the misconduct or negligence of another. It is a civil claim, separate from any criminal charges, that provides financial compensation for the loss of a loved one. It may be brought by the surviving spouse, partner, children, or personal representative of the decedent’s estate, and at times by parents, siblings, or other family members.

Compensation is available for loss of household support, anticipated future earnings, loss of love and affection, and to cover funeral expenses, and any medical or hospital bills.

A wrongful death claim must show that:

The defendant owed a duty to the victim.
The defendant violated that duty.

This violation – “negligence” or “misconduct” – caused the death – a result that was reasonably foreseeable. The burden of proof in such a case is “a preponderance of the evidence” – usually instructed to mean, if met, that the defendant’s conduct “more likely than not” caused the defendant’s death

OTHER FORMS OF PREDATORY ABUSE

In addition to sexual abuse, other forms of victimization can occur when one is harassed, bullied, or stalked. If the behavior is serious or persistent enough – it can lead to depression and other mental suffering.

CALL FOX AND FOX TODAY 818.986.4494

If you have a loved who took their life after being subjected to any form of abuse, or died as a result of the wrongful or negligent actions of another, we invite you to contact Fox and Fox law firm today at 818.986.4494 to arrange a free consultation. You may be entitled to significant compensation that, while impossible to bring back your loved one, may help your family to not just survive, but to enjoy a quality of life you may otherwise not have.

HUGE COMMERCIAL TRUCK ACCIDENT VERDICTS A CONTINUING TREND
April 23, 2018
Insurance premiums are increasingly expensive for commercial trucks in the U.S. The cost of truck insurance is attributed to the continuing trend of the so-called ‘nuclear’ verdicts that juries have issued in catastrophic truck accidents.

Federal regulations generally require commercial trucks with a gross weight exceeding 10,000 pounds to maintain an insurance coverage of at least $750,000. Trucks that transport hazardous materials are required to obtain a higher coverage that may consist of insurance and surety bonds.

When a party is injured in a truck accident, the first recourse is to seek compensation from the trucker’s insurance company. In catastrophic truck accidents where injuries tend to be severe or even fatal, the value of compensation sought can exceed the maximum coverage of the insurance policy, prompting parties to fight it out in truck accident litigation.

Observers of truck accident cases have noted the increasing trend of ‘nuclear’ or record-breaking monetary awards in millions of dollars favoring the plaintiffs. Insurance companies maintain that the awards have become difficult to anticipate given that the amounts significantly exceed the value of medical bills and lost wages. Insurers refer to them as ‘nuclear’ because a single verdict can wipe out an insurer’s profits and threaten the viability of its business.

CHALLENGES IN TRUCK ACCIDENT CLAIMS

Truck accident litigation is often complex, involving various factors and responsible parties other than the truck driver. Investigation and preservation of evidence are crucial steps for any litigation to result in maximum verdicts.

If you sustained severe injuries in a truck accident, you deserve a highly skilled and experienced personal injury attorney to help you recover compensation. To establish your right against the negligent defendant, your lawyer must take several steps such as:

Obtaining court orders impounding the vehicle and its contents in order to examine and preserve critical evidence;
Interviewing paramedics, responding traffic officers, and other witnesses;
Conducting a thorough check of the driver’s history of employment, driving record, traffic tickets, experience and training, as well as civil and criminal records;
Examining the truck’s “black box” recorder, GPS, speed tracking system, and maintenance records; and
Checking the trucking company’s accident statistics and other relevant records.

In Los Angeles, California, the truck accident lawyers at the Fox and Fox Corporation have more than 40 years of combined experience in truck accidents. Our Los Angeles personal injury attorneys work very hard to make the lives of our clients better by obtaining the maximum value of compensation that they are legally entitled to receive.

Contact us by email or call us today at 818.986.4494 to arrange for your free confidential consultation

CALIFORNIA MOVIE THEATRE FACING WRONGFUL DEATH SUIT AFTER CHILD CHOKES DURING SCREENING
April 13, 2018
The family of a young boy with Down Syndrome who died after choking on a hot dog during a screening at a Bakersfield, California movie theatre have filed a wrongful death suit in Kern County Court.

According to the suit, which was filed in mid-August, the 14-year-old boy was at the movie theatre in October of 2012 with his grandfather, when they purchased a hot dog from the concession stand. During the film, the grandfather noticed the boy was choking and attempted to offer aid, but experienced difficulties due to the dark lighting and loud audio from the film.

The lawsuit also cites the cinema staff’s “unreasonably long” response time, in addition to the fact that employees allegedly refused to turn on the lights or reduce the level of the audio. Cinema employees allegedly cited the theatre’s policy, which precluded staff from interrupting the film once it had started.

Despite his efforts, the boy’s grandfather was unable to assist him, and was, according to the claim, forced to witness his grandson suffocate as employees allegedly looked on, without action, while critical moments passed.

WRONGFUL DEATH CASES

Dealing with the sudden passing of a loved one is never easy. However, when that death comes as a result of negligence, specifically criminal negligence on the behalf of another individual or entity, it is typically classified as wrongful death.

There are a number of situations that can result in wrongful death. However, there are typically some scenarios that are fairly consistent with these types of legal claims, including cases related to:

Drunk driving or driving under the influence
Contractor or architectural error
Medical malpractice, including misdiagnosis or improper care
Dangerous prescription drugs
Slip and fall or other premises liability matters
Unlike other personal injury cases, wrongful death claims can only be filed by certain individuals – specifically, the immediate family of the deceased. However, there are cases where state law may allow for other individuals, including those overseeing an estate or a beneficiary.

Have you suffered the sudden, unnecessary loss of a loved one due to the negligent action of another? If so, it is important that you contact a personal injury attorney as soon as possible, in order to explore compensation or other damages that you may be entitled to.

WRONGFUL DEATH ATTORNEYS IN LOS ANGELES

If you reside in Greater Los Angeles, our wrongful death attorneys at Fox and Fox Corporation can assist you and your loved ones with the filing of a personal injury claim. We understand that dealing with the sudden loss of someone you love is never easy, and that’s why our team of personal injury specialists is committed to helping you and yours find the justice you deserve.

We have a great deal of experience with handling wrongful death claims, and can provide the sound legal counsel you need during this difficult time.

As a convenience for prospective clients, we are happy to offer a free confidential consultation, to help assess your claim as quickly as possible. To schedule yours now, contact the Sherman Oaks wrongful death attorneys at The Fox and Fox Law Corporation at 818.986.4494.

INJURIES SUSTAINED IN RIVERSIDE TRUCK CRASH
August 10, 2018
All southbound lanes on the 215 Freeway in Riverside were recently shut down after a semi-truck collided with a guardrail and was sent sliding across all lanes.

The northbound semi-truck was towing a trailer in the second lane on the freeway near the Van Buren Boulevard exit. For reasons unknown, the cab veered into the center median when it then crashed into the guardrail and overturned. The trailer continued into the southbound lanes of the freeway.

As the trailer moved across the multiple lanes, four cars were struck.

TRUCK DRIVER, PASSENGER AND ONE OTHER DRIVER INJURED

One driver who was traveling in the southbound lane and was struck by the truck suffered minor injuries as a result of the collision. The female passenger in the truck suffered moderate injuries and the driver of the truck was taken to the hospital with major injuries.

THOUSANDS OF PEOPLE DIE EACH YEAR BECAUSE OF SEMI-TRUCKS

Approximately 5,000 people in passenger vehicles die every year in crashes involving semi trucks, with 64% of them being semi-trucks pulling a trailer. 700 individuals in semi-trucks (drivers and passengers) also die on an annual basis.

Truck crashes occur for a number of reasons, including:

• Driver fatigue: Truck drivers work long hours and may be sleep deprived which can impair their driving.
• Distracted driving: Distracted drivers are those who are operating a truck or another vehicle while their hands, vision and/or concentration is no longer focused on their vehicle and on the road.
• Inexperience: There are a lot of new truck drivers on the road every year. Truck companies will often hire inexperienced drivers as they tend to charge less by the hour than experienced drivers.
• Improper maintenance of the truck and/or trailer: Federal regulations may state that semi-trucks must be kept in good condition if they are going to be operated. But trucking companies often cut corners by leaving their trucks and trailers poorly maintained.
• Improper loading: Improperly loaded cargo can result in unequal weight distribution, making the truck difficult to maneuver or it may cause the truck to jack-knife.

SEEK JUSTICE WITH FOX & FOX INJURY ATTORNEYS

The Fox and Fox Injury Attorneys in the Greater Los Angeles area have the experience necessary to investigate the cause behind a truck crash and we are committed to holding negligent parties accountable.

To speak with a Los Angeles truck crash injury attorney at Fox and Fox Law Corp, we invite you to arrange for a free consultation today at 818.986.4494.