Personal Injury

Personal Injury

Three Los Angeles County Freeways Identified as Truck Accident Hotspots

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The Los Angeles area has one of the largest and busiest harbors for trucking in the United States. But increased trucking activity has also increased the risks of truck accidents along these roads, and, as a result, become a menace and threat to other motorists and passengers in smaller vehicles. 

The deadly sections where the highest numbers of accidents have been recorded are on the 60, 710, and 5 Freeways. All three major freeways typically receive an estimated 90,000 truck trips everyday. This leads to road congestion and higher risks of truck accidents.

Officials of the California Highway Patrol say that driver error is the leading cause of truck accidents, but other factors such as congestion, lots of merging traffic, constant interface big rigs and smaller vehicles, and limited road capacity can contribute to truck collisions.

Authorities have implemented some state highway measures to help reduce truck accidents on these roads which include:

  • Developing rest areas for truck drivers
  • Truck safety inspections
  • Credentialing truck drivers

Due to the higher chances of fatal and severe injuries suffered by occupants of smaller vehicles in a truck vs. sedan collision, highway officials have considered the construction of elevated truckways for the exclusive use of trucks, in an effort to separate trucks from smaller vehicles on the road.

Truck Accident Injuries

Depending on the severity of the accident, truck accident victims can suffer fatal or serious injuries such as traumatic brain injury, spinal cord injury, and loss of limbs. Severe injuries often require extensive medical procedures for an injured party to attain complete recovery.

Aside from accumulating expensive medical bills, the injured person will likely need to take time off work to receive adequate treatment and care, or hire the services of persons to help with domestic chores that they are unable to perform due to their serious injuries. 

What to Do after a Truck Accident 

If you or a loved one is injured in a truck accident, the first step is to get appropriate medical treatment for your injuries. After getting required care and attention, you should also speak to an experienced truck accident attorney who can evaluate your situation and assess the cause of your accident. For accidents and injuries that are due to the recklessness or fault of another party, you may be able to claim compensation for your medical bills, surgical procedures, lost income or earnings, costs of engaging persons to perform household chores for you, and for your pain and suffering.

In Los Angeles, California, the Fox and Fox Law Corporation have more than 35 years of truck accident experience, helping clients obtain the fairest compensation for their injuries. We also handle other types of personal injury cases such as auto accidents, motorcycle accidents, dog attacks, and premises liability.

We invite you to call us today at (818) 986-4494 to speak to one of the Fox & Fox experienced attorneys about your case.

When to Raise a Wrongful Death Claim in California

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The news of a loved one’s death is always a difficult experience. It only increases the level of pain and devastation to realize that their death was caused through the negligence or wrong actions of another. An unavoidable accident is a tragedy, but an unavoidable accident can be devastating.

Differences Between Wrongful Death and Criminal Homicide

Several factors separate cases that rise to the level of criminal charges from those that are more suited to Wrongful Death claims in civil court. In order to proceed with criminal charges the certain factors must be present. Several of the key differences between civil and criminal process are listed below: 

  • The Defendant must be a person. Civil cases may be brought against people or entities, such as corporations
  • In criminal cases the penalty for being found guilty can range from a number of sentencing options open to the judge, but in Wrongful Death cases the only possible judgment against the Defendant is a monetary award for the victim
  • The burden of proof in a criminal case is “beyond a reasonable doubt.” The burden of proof for civil procedure only requires a “preponderance of the evidence”
  • There is a statute of limitations (or a time limit) on civil suits for Wrongful Death. In California the statute of limitations is two years from the victim’s date of death. There is no statute of limitations on criminal charges involving murder
  • In a criminal case, the charges will be prosecuted by the government’s attorney, but a civil Wrongful Death claim must be raised by the attorney representing the victim’s family or legal descendant and heir

Reasons to Proceed on Wrongful Death 

When you’ve just received the tragic news that someone you love has passed away, the last thing you probably want to think about is suing the person or group of people responsible. You want the time to properly grieve the loss, and that is completely understandable. Even winning such a lawsuit will not bring them back, so what is the point? 

There are several reasons to consider moving forward and consulting with an attorney who has experience in Wrongful Death cases. One primary reason is to protect the family that is left behind. Whether the death was caused by another driver’s negligence or a doctor’s failure in treatment, the family that remains will now have extensive costs—such as funeral and memorial costs, any remaining medical costs, loss of their future potential income, etc.

While nothing can bring back a beloved friend or family member, there are situations that call for compensation. There are plenty of legitimate reasons to pursue this option with a dedicated attorney who understands the challenges and difficulties of Wrongful Death claims.

If you’ve lost someone to an accident or another situation that involved the negligence of someone else, we invite you to call the Fox and Fox Injury Attorneys at (818) 986-4494 to arrange a free initial consultation.

Who Can Sue for Wrongful Death?

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Losing a loved one suddenly and unexpectedly in an accident can be devastating, particularly for family members who depend on that person for love and support.

Another person’s negligence or wrongdoing may have caused the car crash, pedestrian accident, bicycle accident, truck accident, or medical malpractice leading to the death of a family member. In any of these cases, the California Code of Civil Procedure Section 377.60 provides certain family members a right to claim damages for the wrongful death of a loved one.

Who May Claim Damages for Wrongful Death?

As a general rule, the surviving spouse, domestic partner and children of the decedent may file a suit for wrongful death against the person/s responsible for decedent’s accident. Others who depended on the decedent for support, such as stepchildren and parents, and minors who resided in the decedent’s household, can also file a claim for damages arising from wrongful death.

Types of Compensation in Wrongful Death

Economic Damages 

Plaintiffs in a wrongful death case may be awarded economic damages consisting of: 

  • Financial support that the decedent would have provided to the plaintiffs during his lifetime
  • Funeral and burial expenses
  • Loss of gifts that the plaintiffs would have received from the decedent
  • Reasonable value of household services that the decedent would have provided

Non-Economic Damages 

Non-economic damages refer to the loss of love, companionship, care, protection, comfort, affection, and moral support that the decedent would have provided the plaintiffs during his lifetime. No set standard is provided for measuring non-economic damages which will depend on the presentation of evidence of such losses.

Importance of Personal Injury Attorney 

Certain elements must be established for a wrongful death claim to prosper. An experienced lawyer can establish the wrong done, negligence or fault of the other party, the relationship between the plaintiff and the decedent, the earning capacity of the decedent, and the various losses suffered by the surviving heirs as a result of the wrongful death. 

If you lost a loved one in an accident due to the fault or wrongdoing of another person, a personal injury attorney can assess your situation to determine whether a claim for wrongful death is available. 

In Los Angeles, California, the lawyers at Fox & Fox Corporation have over 3 decades of personal injury experience, aggressively litigating claims and obtaining the maximum compensation to which our clients are legally entitled, and deserve. 

We invite you to contact any of our approachable attorneys at (818) 986-4494 for a free no-obligation consultation.