Can Paparazzi Be Liable for California Car Accidents

- foxlawcorp

A high profile personality recently sued paparazzi for their contribution to a multiple car accident last year. The lawsuit, which is in the form of a cross complaint, alleged that at the time of the incident, photographers were driving recklessly and tailgating the cross plaintiff, a former Olympic athlete. She claimed that their behavior caused a visual distraction that led to the car crash that killed the occupant of another vehicle.

The celebrity was cleared of criminal charges arising from the crash but became a defendant in a wrongful death lawsuit that she later settled with the decedent’s family.

The cross complaint reminds us of the same issue of paparazzi chasing celebrities and causing accidents that arose several years ago when Princess Diana was killed in a car accident.

Allegations of Contributory Negligence

The cross complaint alleged that the paparazzi:

  • Drove at unreasonable speed in violation of California Vehicle Code Section 22350
  • Tailgated the cross plaintiff with intent to capture a visual image, sound recording, or physical impression of another person for commercial purposes in violation of California Vehicle Code Section 40008
  • Drove recklessly causing injury
  • Interfered with the driver of a vehicle, affecting the driver’s ability to control the vehicle

The complaint sought a judgment ordering that damages arising from the accident be apportioned among the defendants.

California Car Accident Law

Car accidents involving multiple vehicles can be complex cases.

As a rule, a person injured in a California car accident may generally recover damages against persons whose negligence or recklessness caused their injuries. But when two or more drivers or parties appear to have some fault in the car accident, determining legal responsibility can be a challenge.

Following the principle of comparative negligence which California follows, it is possible for several parties to be legally responsible for damages in proportion to their fault. If you are injured in a multiple car accident, it’s to your advantage discuss your case immediately with an experienced car accident attorney.

Your personal injury lawyer can conduct a thorough investigation, determine responsibility, represent you in discussions with insurance companies, raise the most compelling arguments in your favor, and if necessary, call on an accident reconstruction expert to testify in your case.

Whether you are in the San Fernando Valley or other parts of Los Angeles, California, the car accident attorneys of Fox and Fox Law Corporation can help you recover compensation for your injuries. We work very hard to fight for your rights to compensation and are prepared to take your case to trial.

Call us today at (818) 986-4494 to learn more about how we can help you.

Veteran Killed by Truck on Veteran’s Day

- foxlawcorp

Veteran’s Day should be a day when we commemorate our country’s veterans and thank them for their service. Three men, however, will now remember it as the day their 91-year-old father, who had served in the Navy during World War II, was killed by a truck.

On November 11th Raymond Lopez Sr. was riding his motorized scooter in Signal Hill. At 1:30pm he was struck by a truck driven by Matthew Licht at Willow Street and Temple Avenue.

Mr. Lopez died as a result of his injuries.

Wrongful Death Suit Filed

Mr. Lopez’s three sons, Joseph, John, and Raymond Lopez Jr. filed a lawsuit against both Matthew Licht and PFT Alexander Inc. The lawsuit seeks unspecified damages which resulted from Raymond Lopez Sr.’s death.

The complaint alleges that Licht was driving negligently and that his employer shares liability. The three sons have also stated that they have lost their father’s companionship as well as financial support.

Who Is Responsible in a Truck Accident?

What many injured parties do not realize is that the driver may not be the only one accountable for an accident (or the driver may not be responsible at all). There are a number of players who may contribute to a truck-related accident and who injured claimants may be able to seek damages from, including:

  • The owner of the truck
  • The owner of the truck trailer
  • The company or individual who leased the truck or trailer
  • The individual or company which loaded the truck’s cargo
  • The company which manufactured parts of the truck which may have contributed to the accident (such as the truck’s brakes or tires)

What Causes Truck Accidents?

Truck accidents are typically cause by one of two things:

  • Driver error
  • Equipment problems/failure

Driver error is a fairly broad term which refers to factors such as speeding, fatigue, distracted driving, the use of prescription and/or over the counter drugs, and being unfamiliar with the road. Equipment failure is rarely the fault of the driver and is typically the fault of a part manufacturer or the owner/leaser to properly maintain the truck.

Seeking Legal Help

Navigating a truck-related accident can be incredibly complex, especially when there may be a number of different insurance companies battling over who will pay what. Fox & Fox Law Corporation Sherman Oaks, CA has protected the rights of injured victims and has recovered substantial damages for those hurt in truck accidents.

If you have been hurt in a truck accident, call us today for a free consultation to discuss your claim at (818) 986-4494.

California Teen Killed in Collision with Distracted Highway Officer

- foxlawcorp

A 15-year-old California boy was killed in early June when a Highway Patrol officer struck a stopped vehicle.

The boy was a passenger in a vehicle which was stopped in a construction zone along Interstate 5. According to authorities, the CHP officer was looking at the computer of a mobile road enforcement truck, and failed to notice the stalled traffic in time to stop.

The officer rear-ended a vehicle in front of him, which struck two other stopped vehicles. Two other teenagers also sustained injuries in the crash, and were transported to an area medical center to be treated. The incident is currently under investigation by CHP offices.

Unfortunately, auto accidents are all too common in the state of California, which has some of the most congested motorways in the country.

Auto Accidents and Personal Injury

When auto accidents occur, there is always the chance for injury. Though many accidents will result in only minor cuts or bruises, some incidents can be far more severe, with victims experiencing severe personal injury or disability.

Regardless of the circumstances, the most important thing in any auto accident situation is to first seek the help of a qualified medical professional, who can diagnose any personal injury and recommend a pathway towards recuperation and recovery.

However, it is often that recovery that proves challenging for personal injury victims, especially for those requiring ongoing medical treatment or other rehabilitation. Between lost wages and mounting medical costs, the financial burden can grow heavy for many dealing with serious injuries.

Filing a personal injury claim is one way to help recover compensation or other damages to which you may be entitled.

If you or someone you know has been injured in an auto accident, it is in your best interest to contact a qualified personal injury attorney, in order to ensure that your rights as a victim are protected under law.

Finding a Personal Injury Attorney

In Los Angeles and the surrounding areas in Southern California, the dedicated attorneys at Fox & Fox Law Corp. assist victims of personal injury in receiving the justice they deserve. From assisting in finding the medical professionals you need, to conducting thorough investigations into the circumstances surrounding your claim, our attorneys are committed to putting our clients first. Let us work with you to build a strong, convincing case that yields the results you both need and deserve.

Our personal injury specialists are standing by today, prepared to assist you and your loved ones on the road to recovery. To schedule a free preliminary consultation to assess your case, contact our attorneys at Fox & Fox Law Corp. at (818) 986-4494.

Determining Liability in California Trucking Accidents

- foxlawcorp

Each year, truck accidents in America claim upwards of two thousand lives.

However, one thing that separates these types of incidents from others – like car or motorcycle accidents – is the question of liability. Specifically, should a trucking company be held liable if one of its drivers causes a collision or related accident?

Establishing Liability in Trucking Accidents

Determining liability in trucking cases is not always as easy as it might seem. Unlike other types of accidents, truck accidents can involve a unique legal hurdle.

In addition to causing (arguably) more complex personal injury, the legal relationship between a trucking company and a driver is something that must be understood before attempting to take any legal action.

For example, did you know that many truck drivers are actually independent contractors, meaning they are not technically employed by a trucking organization? Instead, drivers now tend to contract jobs on a case-by-case basis – something that has shifted significantly in the industry over the last few years.

This is important in the state of California because, in order for a trucking organization to be held liable for an incident, the driver in question must actually be an employee of the company, not an independent contractor.

Often referred to as “vicarious liability”, this legal theory declares that a company may be held liable as long as the driver was acting within the scope of their employment at the time of the incident.

If, however, the accident involves an independent contractor, the primary legal recourse would be to file a claim against the driver, which can be done through their liability insurance carrier.

Filing Personal Injury Claims for Trucking Accidents

If you or someone you love has been injured in an accident involving a large truck or tractor-trailer, or if you believe that a trucking company should be held liable for your injury, it is important that you contact a competent attorney as soon as possible.

Depending on the circumstances surrounding your claim, you may be eligible to collect compensation or other damages related to your injury, including loss of wages, pain and suffering, medical expenses or rehabilitative costs.

In the City of Los Angeles, the legal team Fox & Fox Law Corporation has more than 30 years of experience with aiding clients in complex personal injury matters. Our skilled attorneys are well informed when it comes to the latest laws and statutes regarding truck accident injury and liability and can work with you to devise a strategy that will ensure success in a trial setting. No matter what the circumstances are involving your injury, our attorneys are committed to guiding your case through to a successful end result.

We are happy to offer clients the convenience of a complementary initial consultation, in order to best assess your case. To get started, contact the lawyers at Fox & Fox Law Corporation at (818) 986-4494.

Dealing with Complex Liability Issues in Automobile Accident Claims

- foxlawcorp

When it comes to auto accident claims, there is typically one key issue – determining who (person or entity) is at fault for the incident.

Typically, this boils down to proving negligence, or the fact that the driver failed to exercise reasonable caution or care while driving. However, there are situations where an individual or entity may be held liable, despite not being present in the vehicle at the time of the accident.

Though these cases tend to be a bit more complex, it’s important to note that there are a number of scenarios in which these circumstances might occur.

Employees Driving Cars

Because many companies rely on a network of drivers as part of their business model – ridesharing, manufacturing, construction, food service, etc. – the issue of assigning liability in auto accidents can grow increasingly complicated.

In fact, according to state law in California, employers may be held liable for the negligent acts of their employees, under a theory known as “imputed negligence” or “vicarious liability”. This notion decrees that the law may hold a party liable for another’s misconduct, if they have a certain relationship, such as that of an employer-employee.

Allowing Someone Else to Operate a Car

Additionally, according to some state statutes, car owners may legally be found liable if the collision occurred while someone else was driving the vehicle, with the owner’s permission. Unlike vicarious liability cases, these laws do not require the parties to have a certain relationship. Once permission has been granted to operate the vehicle, the owner is considered to be on the hook for any and all actions.

Granting Access to Reckless or Otherwise Incompetent Drivers

A vehicle owner may also be held liable for the actions of another if that individual is considered to be reckless, unfit or otherwise incompetent, to the point where it is considered negligent entrustment. This is most commonly seen in cases involving intoxicated or underage drivers, but may also involve drivers who are inexperienced, unlicensed, elderly or previously determined to be reckless.

However, it’s worth noting that these cases require proof that the car owner knowingly granted permission to a risky individual, in order to yield a successful result.

Filing Personal Injury Claims for Automobile Accidents

If you or someone you love has experienced injury as a result of an auto accident, you may be eligible to file a personal injury claim, which can help recover financial compensation or other damages that you may be entitled to.

That’s where the highly-skilled attorneys at Fox & Fox Law Corporation come in.

With more than 30 years of experience in litigating personal injury matters in a trial setting, our firm serves as the premier personal injury resource for victims throughout the Los Angeles area. When it comes to handling these types of cases, our attorneys possess the knowledge, commitment and experience necessary to see your case through to a successful resolution.

Still unsure of whether or not you have a personal injury claim? We are happy to offer new clients the ease of a no-obligation, complimentary initial consultation, in order to help assess your case.

We invite you to contact the personal injury trial attorneys at Fox & Fox Law Corporation today at (818) 986-4494.

Common Causes of Deadly Car Accidents in California

- foxlawcorp

Fatal car crashes in California reportedly increased in 2015, as more Americans are taking to the roads. Reduced gas prices and a stronger economy are encouraging people to get behind the wheel again, but, as a consequence, also exposing them to risks of serious car accidents.

Factors in Car Crashes

Reckless driving: While poor weather conditions such as heavy rains and fog can contribute to car accidents, drivers who do not observe road safety rules increase their chances of colliding with other vehicles. Improper turns, lane changes without signaling, and exceeding speed limits often lead to car crashes whether on the freeway or small residential street.

Distracted driving: Increasing access to mobile devices such as smartphones has also posed serious risks of accidents, particularly among teenaged drivers who are often constantly connected to their cellphones. Whether they’re taking a call or reading a text message on their phones, taking their eyes off the road even for a few seconds can be disastrous.

Mechanical trouble: Faulty brakes and defective airbags can also cause serious auto accidents, even as safer cars are being developed and used on roads. Cars of specific makes and models have been recalled in recent months, following reports of accidents due to defective auto parts.

Drunk driving: Driving under the influence of an alcoholic beverage or drug can also be a factor in catastrophic accidents. The NHSTA reported that an estimated 10,076 people died in drunk driving accidents in 2013.

Auto Accident Injuries

Car accidents can permanently change the lives of those who are injured, as well as their families. Victims often require medical treatment for fractures, head or brain injury, spinal cord injury, and other physical injuries. The expenses and costs of the accident can extend far beyond the emergency treatment, including hospitalization, surgery, physical therapy, rehabilitation, lost time at work while recuperating, disrupted family life, and in some cases, a lifelong battle with pain and disability.

If you or a loved one is injured in a car accident, you should seek medical attention first and obtain appropriate treatment for any injury you sustain. After getting treatment, it’s important to speak to your personal injury attorney about your accident. Depending on the circumstances of your case, you may be entitled to compensation and file a claim against the person responsible for your injuries.

In Los Angeles, California, the lawyers a Fox & Fox Law Corporation have over 30 years of experience helping clients even in complex personal injury claims to obtain compensation that they legally deserve. We invite you to call any of our friendly and approachable attorneys at (818) 986-4494 to evaluate your case in a free consultation.

California Widow Accuses Pharmaceutical Companies in Wrongful Death Case

- foxlawcorp

A San Francisco County resident has alleged that a prescription drug caused the untimely death of her husband in June of 2014.

According to court documents, Leatrice Oliver filed a complaint in early June 2016 in U.S. District Court against multiple pharmaceutical organizations, citing manufacturing defect, strict liability, negligence, failure to warn and other counts. The claim alleges that her husband’s death was caused by his use of the drug Xarelto, which is said to have caused a fatal intracranial hemorrhage.

Although a doctor had prescribed Oliver’s husband the drug, she maintains that the defendants failed to properly inform and/or provide adequate precaution to her husband and his medical team regarding the potential side effects of taking Xarelto.

In addition to requesting a trial by jury, Oliver is seeking special damages, as well as punitive and exemplary damages, financial support, interest and legal fees, as well as any other compensation that California courts may deem just.

Unfortunately wrongful death claims are not uncommon, especially in cases stemming from prescription drugs or medical care. In the state of California, there are specific laws that address personal injury matters, including wrongful death, and a victim’s rights under law.

Wrongful Death Cases in California

When a person dies suddenly – like in cases involving automobile or pedestrian accidents or medical malpractice – that may be considered wrongful death. When this type of incident occurs, victims often leave behind loved ones, from parents and spouses to children or other beneficiaries, who then (depending on law) have the right to sue for wrongful death.

The most important thing to remember in any wrongful death case is that they typically revolve around one thing – negligence. And you will have to prove that in order to win any wrongful death claim.

Unlike natural death cases, where there is no right to action, wrongful death comes as a direct result of the negligence of another individual or entity. That means that the family members are entitled to compensation.

Such compensation may include damages related to pain and suffering, in addition to things like lost wages. Unfortunately, many wrongful death cases involve victims who were the primary provider for their family, which can cause a great deal of uncertainty for their family’s financial future.

If you or someone you know has suddenly lost a loved one due to another’s negligence, it is critical that you contact an attorney as soon as possible. Only a qualified attorney can assess your situation according to the laws of your state, and provide a judgment for how you should proceed.

Wrongful Death Attorneys in Southern California

In the greater Los Angeles area, the skilled attorneys at Fox & Fox Law Corp. advocate on behalf of victims of personal injury, including those dealing with the sudden, unexpected loss of a family member. We know that dealing with this type of loss is never easy, and that’s why our firm is committed to holding the negligent parties responsible and helping you and your loved ones find the justice you deserve.

You are not alone in your struggle, and our attorneys are here to support you and your family today. To schedule a free initial consultation to evaluate your case, call Fox & Fox Law Corp. at (818) 986-4494.