Personal Injury

Personal Injury

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.

Three Los Angeles County Freeways Identified as Truck Accident Hotspots

-

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

-

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?

-

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.