Personal Injury Law Blogs

Why Your Company Needs a Distracted Driving Policy

You own a small business and have the employee handbook, sexual harassment policy, and time off requests readily available. An often overlooked document that can save your business—and lives—is a distracted driving policy.

This isn’t just for businesses that depend largely on transportation, though if you own a trucking, delivery, or logistics company, there’s a good chance you have this policy in place. Or maybe you just include “distracted driving” as part of the general driving policy. However, what about the non-profit organization who occasionally sends the receptionist to the bank? What if the employee is texting at the wheel—while on the clock?

Protect Your Employees

Distracted driving is just as dangerous as being legally drunk behind the wheel. Checking one text takes someone’s eyes off the road long enough for them to drive the length of a football field if they’re on the highway. A lot can happen in that time, and it’s your responsibility to keep your employees safe. This means even if they’re running a quick errand, like picking up the brochures from the printer.

Employees might think of running an errand as a sort of break from work. It can even help their overall performance to get a little fresh air. However, they’re still on the clock for you, and you have to keep them safe. Having this policy in place, and sending regular reminders, can help safeguard your employees.

Protect Yourself

You might be blamed if an employee gets into an accident while working for you—even if they were in the wrong. What if Jim in PR is texting at the wheel on the way to sign an event space for your business? You just might get blamed if you don’t have a distracted driving policy in place. It can get really ugly if he was texting you or one of your managers with a question.

Hopefully you have solid insurance and a great business attorney to help you out in these situations. However, it’s best to prevent these problems to begin with. It doesn’t matter if your employees are in the company car or their own vehicle. You can’t be too safe when sending them on the road.

It’s Not Just On the Job

Let’s say your employee might be running late to work. They text you on the way, and get into a fender bender. They might not technically be on the clock, but they’re still on their way to work. What if they blame you for their distraction? Even if they lose a lawsuit, it still costs you money to fight it.

Having a distracted driving policy helps keep everybody safe. It can help set priorities (such as safety first) and save you money. You know how dangerous texting, talking on the phone, and eating behind the wheel can be. Make sure your employees know, and that they agree to certain rules behind the wheel.

Signs of a Tired Truck Driver: Avoiding an Accident Before it happens

Safe travel is dependent on multiple factors. The main two factors being your driving and the driving of the other motorists with whom you’re sharing the road. Especially when you are travelling long distances along the interstate highway system, you will most likely be travelling amongst large semi-trucks. The reason for this is obvious; the trucking industry is big. According to the United States Department of Labor, there were 1.6 million heavy and tractor-trailer truck drivers working in the United States in 2010. That number is expected to increase 21% by the year 2020. The commercial trucking industry logs a total of about 415 million miles annually and accounts for around 11% of all registered vehicles, according to the American Trucking Association.

While the trucking industry provides a great service by delivering the majority of the goods we consume, driving along side of large semi-trucks can be nerve racking. Due to the size of the trucks and the amount of miles driven by the truck drivers, extra safety precautions are necessary.

The Federal Motor Safety Carrier Safety Administration provides clear guidelines that drivers should follow. However, one major concern is making sure that drivers get an adequate amount of sleep to ensure that they’re driving attentively. Drivers are required to keep a log book to record their driving hours and their sleeping hours and are required to provide their documentation to government inspectors upon request.

Here are a few signs of a tired truck driver that could assist you in avoiding a collision.

Driving in a zigzag pattern-

Alert drivers drive along the road smoothly and stay centered in the driving lane. Studies have shown that fatigue will cause drivers to move the steering wheel unnecessarily causing the vehicle to move in a slight zigzag motion.

Drifting in and out of the lane-

Gradually drifting through the lanes is a sign of impairment and/or fatigue.

Failing to maintain a steady speed-

If a truck driver is falling asleep, it is very likely that they will appear to be speeding up and slowing down sporadically for no apparent reason. This can be due to a reduced awareness of the cause and effect relationship between their foot and the gas pedal.

Tailgaiting-

If a truck driver is following your vehicle too closely, they may be impaired due to fatigue.

Long reaction times-

Examples of this include:

  • Sitting for too long at a stop sign
  • Not driving ahead after a red light has changed to green
  • Slamming on the brakes due to a stop sign or red light.

Your best defenses against the dangers of sleep deprived truck drivers are to always wear your seat belt and to make sure you are alert while driving.

Other defensive driving techniques you can utilize:

Allow plenty of distance between your vehicle and semi-trucks. If there is a truck driver behind you on the road that you suspect is impaired, let them pass you and then make sure to stay behind them.

Use extra caution at intersections. Check and double check to make sure that there are not any vehicles approaching. In fact, optimizing hardware, like the some best trackers for fleets, would pay dividends in road safety.

Always remember that you can and should notify law enforcement if you witness what you believe to be an impaired driver of any kind. As a truck driver, you can learn an ocean of ways to prevent road mishaps when you undergo training like that hgv training.

If you have been involved in an accident with a tractor-trailer or large truck, seek legal representation as soon as possible.  Rode Law Firm is a truck accident law firm located in Oklahoma.  For more information about semi-truck/tractor-trailer accidents, visit the website at www.TruckAccidentLawyerOK.com.

Driver Sought in Fatal Hit-and-Run in Anaheim

January 1, 2013—Anaheim, California—A search has been instituted by Anaheim authorities for a driver believed to be responsible for a man’s death near the 91 Freeway. The victim, a 78-year-old man, was struck by a driver who fled the scene, according to ABC News.

The victim was crossing the street in a crosswalk on the Imperial Highway around 10:30 p.m. when he fell to the ground for unknown reasons, according to witnesses. One vehicle stopped to yield the right-of-way to the man, but a second vehicle struck him then left the scene. The victim’s identity has not been released, but he was pronounced dead at the scene of the accident.

The vehicle that hit him was described as a small compact car. The vehicle initially stopped but then sped away, according to witnesses. Police are asking anyone with information on the accident to come forward.

Witnesses who prefer to remain anonymous can report tips through the Hit-and-Run Reward Program by calling 1-800-644-8678 or visiting the website at www.bestattorney.com/hitnrunreward. There may be a cash reward of up to $1,000 available for information that leads to the arrest and conviction of a hit-and-run driver.

Hit-and-Run Statistics are Startling

Los Angeles has a hit-and-run accident rate four times higher than the national average, according to a recent report. Hit-and-run drivers account for one in five fatal accidents in the Los Angeles area, and the report blames unlicensed drivers for the vast majority of these crimes. According to the report, these drivers flee the scene in at least half of all accidents in which they are involved.

Unlicensed and uninsured drivers are far more likely to flee the scene of an accident due to fear of repercussions if they are caught. Drivers with criminal records and outstanding warrants are also much more likely to hit a pedestrian or another driver and attempt to escape.

No matter what the reason for a hit-and-run driver’s actions, the damages left behind are inescapable. Many people suffer physical and emotional trauma or lose loved ones permanently as a result of the negligence and carelessness of a hit-and-run driver, although it may be difficult to hold the driver accountable if witnesses do not step forward to identify him or her.

Liability Issues in Hit-and-Run Accidents

Hit-and-run drivers do not just cost the county and state money, although this is certainly an important factor in hit-and-run accidents. More importantly, the victims of a hit-and-run accident are never able to confront the driver if he or she is not caught. This means that, for a victim or a surviving family, the driver will never have to face the responsibility of the accident.

However, if the driver is caught, the victim of a hit-and-run accident can sue for damages. If the driver is not caught, the victim’s own insurance company may be made to pay some or all of the costs of the accident. Victims of hit-and-run drivers often need the advice of a personal injury attorney in order to recover damages, as these cases can become very complicated.

The New Electronic Portal Proposals Unwarranted

Guest blog post regarding the new RTA portal scheme.

The Government is looking to extend the scope of the Road Traffic Accident (RTA) portal scheme. However, many solicitors feel that these changes are ill advised and that their concerns have not been taken into account. What are these changes and how will they impact on the claims process?

The portal scheme to deal with claims for RTAs was introduced in 2010 and can currently be used for cases up to the value of  10,000. However, the Government’s proposals want to widen the portal’s scope to encompass all claims below 25,000 and to include employer and public liability claims. These changes are due to be enforced in the first half of 2013, but there has been widespread anger amongst lawyers who feel the system isn’t suitable.

Government Adviser against the Idea

The Ministry of Justice commissioned Professor Paul Fenn of Nottingham University to produce a report on the portal and the potential impact of these changes. He advised that any changes should only be implemented following a review of the small claims process which is due in 2013. There should also be a further review of how the portal is working in 12 months, following the changes to referral fees. He argued that since the portal was introduced, compensation awards have actually reduced by 6%. Prof Fenn also disagreed with the use of the portal for liability claims, stating that it would have little effect on the speed these were dealt with, as many of them will be contested which automatically stops the use of the scheme. Despite this report, the Government is still keen to push forward with the changes.

Changes will Impact the Industry

Solicitors who work regularly with the portal feel that the Government should be working on making the current system suitable before they extend the usage. Many of them already face technical issues with the electronic portal and want these difficulties ironed out rather than taking on more work.

Their arguments focus on the need for bespoke versions of the portal for other types of claims, rather than trying to retro fit it to liability work. There are complex differences between car accident claims in Liverpool or elsewhere in the country and those for employers and public liability, which would make the use of the portal void. The way that they find insurance companies and the use of medical reports varies. There are also more contested claims with liability issues, which mean a claim would be thrown out of the portal system anyway. Since the portal was introduced there has been an increase in the speed with which some claims have been settled, but about half don’t go through the portal because of issues with liability.

Solicitors are not disagreeing with the extension of the portal scheme in principle. However, they feel that the impact on the industry has not been researched thoroughly and that their concerns and those of eminent experts have not been taken into account. Only time will tell whether these concerns are justified or whether the claims process will benefit.

Written on behalf of Hughes Carlisle, they are looking to publicise the significance of a variety of legislation changes which can affect the industry.

Hit By An Uninsured Motorist

This contribution is brought to you by Estey & Bomberger LLP. If you need a San Diego injury lawyer, do not hesitate to call Estey & Bomberger at  (619)-873-4498.

Even the least damaging car accidents can turn into major headaches. The stress and complications can grow exponentially when you discover that the at-fault driver is uninsured. The good news is that there are laws in California that offer both drivers and pedestrians adequate protection from uninsured motorists.

Even though most states require all drivers to carry auto insurance, many people get away with driving without coverage. A 2011 study carried out by the Insurance Research Council found that in 2009 about one of seven drivers was uninsured. In California every driver is required by law to have insurance, to assign some form of financial responsibility to anyone who operates a motor vehicle. Almost 20% of California drivers do not have any form of insurance, ranking it the seventh highest state of population without insurance coverage.

California law requires auto insurance companies to provide any driver with some form of uninsured or underinsured motorist coverage upon request. Uninsured motorist coverage exists to protect insured motorists from other drivers who may cause an accident and have inadequate insurance coverage to pay for the damages. The bare minimum insurance coverage allowed by California law is $15,000 per person per accident, to a total of $30,000 per accident, and property damage of at least $5,000. Unfortunately, minimal coverage usually does not cover all expenses in a typical car accident. If you have uninsured motorist coverage, most or all of your expenses should be covered. If not, you will likely have to file a lawsuit against the motorist.

Anyone involved in an car accident with an uninsured motorist is entitled to compensation from the other driver. Such compensation includes medical expenses, property damage, loss of income, projected loss of future wages, out of pocket expenses, pain and suffering and loss of ability to participate in everyday activities.

When involved in an accident with an uninsured motorist, primary steps to take reflect those of any other typical accident. First, assess the situation to ensure that everyone in the crash is safe and call the police. Next, gather as much information as possible. This includes name, address, driver’s license information, license plate number, make model and year of the car, witness statements, photos of the aftermath of the crash and any other surrounding factors that may be able to prove fault. Remember to be cautious with your language, and to avoid key phrases like “I’m sorry!” that could later prove to be incriminating to you. Uninsured drivers especially will use such language to get out of any expenses they may have to pay. Finally, ask the officer for a copy of the police report.

Dog Bites: Three Breeds You May Want to Avoid

dog bitesDog bites and attacks are not uncommon. However, certain species of dog tend to be more aggressive than others, and are more prone to attacking or biting. Unfortunately, most attacks tend to be directed at children. While aggressive dogs also target adults, 42 percent of dog attacks last year were directed at children 11 years old and younger. Additionally, 68 percent of all dog bite fatalities were children under the age of 1. If you have a family with young children and are looking at getting a dog, read on for three breeds you might want to avoid.

The Pit Bull Terrier

Pit Bulls are consistently ranked as the most dangerous breed of dog. These dogs were originally bred for dog fighting, a sport which is now a felony. While these dogs weigh only between 30 and 100lbs, a dog bite can be fatal. Pit Bulls are known for their incredible jaw strength, their high pain tolerance, and their “hold and shake” bite style. The way pit bulls rip tissue and bite into deep muscle has caused experts to compare a Pit Bull dog bite to a shark attack.

Pit Bulls are also known for surprise attacks, and will attack owners or family members without warning. A recent study found that 71 percent of Pit Bull fatalities occurred in the last 10 years, 42 percent of Pit Bull fatalities occurred in the last 4 years, and 24 percent occurred in the past 2 years. Pit Bulls are responsible for 59 percent of all dog bite fatalities, despite making up less than 5 percent of the total dog population.

The Rottweiler Ranks Second

In 2011, there were 33 recorded dog bite fatalities in the USA. Four of these fatal attacks were by Rottweilers.

While pit bulls are widely accepted as being aggressive, Rottweilers are known as the second most lethal breed of dog. Together, Pit Bulls and Rottweilers are responsible for 74 percent of all dog attacks, and 70 percent of dog attacks resulting in death were caused by both Pit Bulls and Rottweilers.

Rottweilers are large dogs, and while they are not known for surprise attacks as Pit Bulls are, they are more aggressive than other breeds of dogs toward strangers. This is likely because Rottweilers were bred to be watchdogs.

The Doberman Pinscher

If you have small children, the third breed of dog you may want to avoid is the Doberman Pinscher. Once bred to be guard dogs and police dogs, Dobermans rank as highly aggressive toward strangers. The Doberman is still stereotyped to be a dangerous and aggressive dog, but the statistics to show their aggression are not quite as concrete as the statistics against the Pit Bull. In fact, Huskies, German Shepherds and Chows all have higher numbers of maiming and deaths than the Doberman.

Keep these three breeds in mind if you are thinking of getting a dog and have a family with small children. Also, if you’re thinking of starting a family and have one of these dogs, be mindful of them around your newborn. You can also give your furry friend cbd oil for dogs to stop its aggressive behavior. Also, keep in mind that preventing a dog bite is the responsibility of the owner.

If you have been bitten by a dog, especially one of these breeds listed above, contact a lawyer as soon as possible. The Driscoll Firm P.C., St. Louis personal injury lawyers, have the ability to assist you with your claim.  For more information, visit the website at www.Settlementhelpers.com.

Motorcycle Accident Stats 2012

motorcycle safety

Motorcycle accidents are a growing concern as the number of people opting for motorcycles as opposed to cars increases. Motorcyclists are at a huge risk while on the road, as their vehicles offer less stability than cars, they have less protection, and they are less visible while on the road. In fact, most motorcycle accidents involve another vehicle that hadn’t seen the motorcyclist. Read on for more motorcycle accident statistics from this year. However, keep in mind that full reports for 2012 statistics have not yet been released.

 Who is Most at Risk?

Motorcyclists are already at risk just by being on the road; motorcyclists have a 23 times higher chance of being involved in a crash than a car driver. However, it was found that those most frequently involved in motorcycle crashes were individuals aged between 20 and 24. The age group after this that is most frequently involved in motorcycle accidents are individuals aged between 25 and 29. The victims are also disproportionately young men. While young females are also victims of motorcycle accidents, more often than not the females are passengers on the motorcycle as opposed to drivers.

Interestingly, motorcycle accidents are a growing concern in Georgia in particular. Motorcycle accidents have increased by 59 percent since 2004, with the most crashes occurring in Fulton County.

Injuries sustained by motorcyclists remain similar to last year, with leg, foot, head and neck injuries accounting for more than 55 percent of all motorcycle injuries. Shockingly, 80 percent of motorcycle crashes resulted in serious injury or death.

What Causes Crashes?

Most motorcycle accidents involve a second vehicle. In 67 percent of cases, the other vehicle didn’t see the motorcyclist or violated the motorcyclist’s right of way. It was found that 8.5 percent of motorcycle accidents were alcohol related.

While more people are turning to motorcycles, injuries from not wearing a helmet are surprisingly low. The number of incidents resulting from the motorcyclist not wearing a helmet has decreased steadily from 2001. Last year, 8 percent of motorcycle fatalities likely could have been prevented if a helmet had been worn. That being said in May 2012, 19 states had implemented a helmet law, 28 states had implemented a partial helmet law, and only 3 states had no helmet law at all.

How Can a Motorcyclist Stay Safe on the Road?

To reduce the risk of a motorcycle crash, always wear an approved helmet, regardless of whether it is the law in your state or not. Don’t drink before driving your motorcycle, and wear protective and reflective clothing. Maintain safe speeds, and of course, don’t tailgate. Motorcyclists must remain vigilant and cautious while on the road to minimize their risk of injury.

With the increasing number of people choosing to commute on a motorcycle, it is important to keep these statistics in mind and stay safe on the road. As a motorcyclist, you are already at a greater risk on the road.

If you or someone you know has recently been in a motorcycle accident, seek the experienced guidance of a legal professional as soon as possible in order to receive the compensation you deserve. Millar & Mixon, LLC, Attorneys at Law are experienced motorcycle accident lawyers in Georgia.  To learn more about motorcycle accidents and seeking compensation for your injuries visit the website at www.MillarAndMixon.com.

Safe Driving Tips to Avoid Accidents in a Winter Storm

winter storm car accidentsFor people who have lived in areas in which snow and ice are a regular occurrence during the winter, driving in these conditions may seem like second nature. However, despite experience and expertise gained over time, operating any motor vehicle in severe wintry conditions can prove dangerous and, in some cases, fatal.

Every year, thousands of drivers, passengers and pedestrians are killed due to accidents associated with winter storms. Residents of states where snowfall and ice are regular tend to observe normal driving safety procedures, but even some of these drivers find themselves in unexpected situations t
hat may result in severe injury or death.

According to the California Department of Transportation, a federally certified source regarding all aspects of transit in the state of California, individuals who travel via car or truck during the snowy winter months should prepare themselves for driving with the following safety methods before setting out on a trek through any potentially hazardous area in the state. These tips apply to all states and regions where snow, sleet and ice may present the possibility of a problem while operating a motor vehicle.

Preparing Your Vehicle to Weather a Winter Storm

  • Always check your tires before driving – Tires that possess insufficient tread are far more likely to lose traction in wet, snowy and icy conditions. When a vehicle loses traction in this type of environment, even the most skilled and seasoned drivers may find themselves suddenly without control of their car or truck. The instinct to apply the brake immediately and to swerve in order to avoid collision can quickly backfire, leading to an even more serious crash. Ensure that tire tread is deep and, if tires show obvious signs of wear or baldness, have them replaced promptly.
  • Ensure that snow chains are a good fit – Unfortunately, many drivers who are not familiar with the function of snow chains mistakenly opt for a size that does not match the tires equipped on their vehicles. This can result in not only damage to the car or truck itself, but sudden loss of control and the inability to steer or brake properly.
  • Do not use the cruise control function – While long treks through mountains or long stretches of highway may tempt a driver to set the vehicle to cruise control, this mistake may potentially result in a dangerous situation. When the vehicle is commanded to maintain cruise control, the integrated computer defaults to normal driving conditions. If one or more tires lose traction, the vehicle will attempt to compensate by changing gears or accelerating. In ice or snow, this can result in unexpected changes in velocity and direction, often causing both minor and major accidents.
  • Avoid panicking – The feeling of drifting across thick snow or an icy road can strike an intense feeling of panic and fear into the heart of even the most experienced drivers. Rather than follow the instinct that tells you to slam on the brakes, gently lift your foot from the brake when you realize that your vehicle is sliding. Calmly steer the vehicle in the direction that places you away from traffic, if possible. Engage your hazard lights and wait for the drift to end before continuing.

Wintertime, with all of its snow, holiday cheer and family time spent together, can be a joyous and carefree time of year. Safe driving is of chief importance and keeping these factors in mind throughout the season can help to make your winter a fun-filled and exciting time for the entire family.

If you have been the victim of a car accident caused by poor winter driving conditions, you may have a case.  Scott C. Gottlieb a car accident injury law attorney, located in New York, is an experienced legal professional who can help car accident victims compensate for injuries they sustained in a car accident.  For more information, visit the website at www.ScottGottliebLaw.com.

Most Common Wrongful Death Accidents

lawsuit

According to prominent legal reference source Duhaime.org, wrongful death suits are filed by the entitled legal survivors of an individual who has died due to the negligence or wrongdoing of another. The suit aims to compensate the victim’s surviving family and/or spouse for the death, and usually includes some type of compensation associated with the survivors’ suffering, medical expenses incurred before death, mental anguish and, in some cases, the future earning potential of the victim.

What are the Most Common Suits Filed?

While wrongful death can encompass a wide variety of circumstances and events, the following list delineates the most common suits filed in the United States.

  • Medical Malpractice – Though it is most certainly the intent of every honest and qualified medical professional to provide the best care possible to each and every patient, thousands of individuals suffer injury or die every year due to an incorrect diagnosis, neglect to treat a condition or illness properly, errors associated with prescription drugs and other mistakes that occur within a medical facility.
  • Defective Products – Defective products, including cars, trucks and ATVs, are responsible for thousands of deaths annually. When a company becomes aware of a defect or potentiality for a defect in one of its products and neglects to inform consumers, victims and their families may be entitled to compensation for medical bills, pain and suffering, and lost wages of the deceased victim.
  • Defective Drugs – When a pharmaceutical company fails to notify the FDA and consumers of any potential defects of a particular drug, that drug manufacturer may be held liable for the death of anyone who has used it and suffered from serious side effects not mentioned in the drug’s labeling inserts. Even when a drug receives approval from the FDA, solid cases may hold up in court, resulting in the compensation of the deceased victim’s survivors or representative.
  • Exposure to Toxic Substances – Individuals who work in certain plant environments and manufacturing facilities across the country may be exposed to toxic chemicals and other substances on a daily basis. Also called industrial exposure, it can lead to a variety of major health issues and, in serious cases, even death. Symptoms of toxic exposure include respiratory problems, loss of hearing in one or both ears and different forms of cancer. The employer of the victim may be sued for wrongful death and forced to compensate the family and other loved ones following trial and conviction.
  • Public Transportation Accidents – Accidents that occur on public buses, subways, ferries and trains have become more common over the past decade, despite various regulations and safety improvements implemented throughout the realm of public transit. The cause of the accident itself may vary, but the most frequently cited are operator error and defective equipment.

The sudden death of a loved one results in a seemingly limitless string of emotional torment, including shock, denial, frustration, anger and grief. Though it is undeniably difficult to endure the additional stress of filing a wrongful death suit amidst this onslaught of horrible feelings, the families of deceased victims are strongly encouraged to pursue such a case in order to not only acquire financial compensation, but for justice and closure as well.

If you have lost a loved one and believe that it is a direct result of the negligence of another person, you may have a wrongful death case.  Salvi, Schostok & Pritchard, P.C. Law Offices is a law firm in Chicago, Illinois that specializes in wrongful death cases.  For more information about wrongful death and why it is necessary to seek legal representation, visit the website at www.SalviLaw.com.

 

Pedestrian Killed in Santa Ana Car Accident

Andrew Pehrson, 23, was killed in a car accident in Santa Ana after a vehicle struck him as he was crossing a roadway. According to a news report in The Orange County Register, the fatal pedestrian accident occurred at the intersection of Main Street and MacArthur Boulevard early morning on December 27, 2012. Police say Pehrson and his brother were walking northbound across MacArthur when a Jeep Cherokee traveling southbound struck Pehrson. The driver remained at the scene. No arrests or citations were reported. An investigation is ongoing.

My thoughts and prayers go out to the family members and friends of Andrew Pehrson for their tragic loss. Please keep them in your thoughts and prayers.

Pedestrian Collisions in Orange County

There were six fatalities and 134 injuries reported in Santa Ana as a result of pedestrian accidents, according to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS). Also, during the same year, 32 people died and 770 were injured as a result of Orange County pedestrian accidents.

Who Had the Right of Way?

Based on this news report, it appears that this fatal accident occurred at a large Santa Ana intersection with traffic lights and marked crosswalks. However, it is not clear who had the right of way at the time or if Pehrson was in a crosswalk at the time. California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” The same section also states: “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”

Fault and Liability

If the driver in this case is determined to have been at fault, he or she can be held liable for Pehrson’s wrongful death. In such cases, families of deceased victims can seek compensation for damages including medical and funeral expenses, lost future income and loss of love and companionship.

A knowledgeable personal injury attorney in Santa Ana will also be able to determine if a dangerous roadway condition or a hazardous intersection caused or contributed to the fatal collision. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury claim against a governmental agency must be filed within 180 days of the incident.