Teenager Killed in Dirt Bike Accident

Recently in Palo Cedro, a dirt bike accident occurred that killed one teenager and seriously injured another teenager. The California Highway Patrol reports that at the time the accident occurred the two teens were riding dirt bikes on private property located between Old Highway 44 and Stillwater. Due to reasons that are still undetermined, the two teenagers collided on their vehicles. Law enforcement has reported that both teenagers were wearing protective gear at the time of the accident. Additionally, law enforcement does not believe that alcohol or drugs played a contributing role in the accident.

This event is an example of just one of the many dirt bike accidents that occur each year. The Centers for Disease Control and Prevention report that several thousand dirt bike riders below the age of 19 are treated in emergency room for nonfatal injuries. Additionally, over a dozen dirt bike riders die due to accidents like this one that occurred in Palo Cedro each year.

The Causes of Dirt Bike Accidents 

There are many reasons why dirt bike accidents occur in the state of California each year. While some of these accidents are caused due to the negligence of the dirt bike rider, the cause of other accidents are simply beyond the driver’s control.

Some of the reasons why dirt bike accidents occur include the following:

  • Adverse weather conditions.
  • Dirt bike riders who use their bikes under the influence of alcohol or drugs.
  • Dirt bike riders who operate their bikes too aggressively.
  • Distracted dirt bike riders.
  • Excessive speeding by dirt bike riders.
  • Failure by dirt bike riders to yield to the right of way.
  • Inadequate vision due to lack of light.

 Safety Tips for Dirt Bike Riders

 There are some important safety rules that should be followed by all dirt bike riders, which include the following:

  • Always wear a helmet. Preferably, the helmet was created in compliance with regulations created by the United States Department of Transportation.
  • Maintain a safe distance from other vehicles including other dirt bikes.
  • Pay attention whenever operating a dirt bike because many accidents are caused by distracted drivers.
  • Wear proper safety clothing which should include close-toed shoes, goggles, gloves, heavy long sleeved shirts, long pants, and protective eye goggles. 

Speak to Sanford A. Kassel Today About Your Dirt Bike Accident

 Many dirt bike riders fail to consider just how serious accidents can be. Accident victims frequently find themselves overwhelmed by the seriousness of injuries or fatalities that arise from dirt bike accidents. Many accident victims find themselves facing large medical bills and many other complications that make daily living difficult. Fortunately, if another party is responsible for the accident, there might be the possibility of obtaining compensation for your accident.

Our legal counsel has the knowledge necessary to help analyze exactly how your dirt bike accident occurred and determine the various legal strategies that exist to pursue the compensation you deserve. From the initial phone call, clients understand that our attorneys know just how devastating dirt bike accidents can be. Our lawyers also remain committed throughout your legal journey to fighting for the compensation that you deserve. Call our law office today.

The Causes of San Bernardino Rollover Accidents

According to an August 2017 article in The Press-Enterprise, a Fontana driver was killed and a passenger critically injured in a rollover crash. The driver, a 19-year-old from Fontana, was killed and her passenger critically injured after a rollover crash in the early morning hours. The female driver, operating a 2002 Chevy Silverado, was traveling on Bridlepath Drive about 1 a.m. when the victim allegedly struck the center median. Both the driver and passenger were ejected from the vehicle.

Although witnesses indicated that the driver was allegedly speeding at the time, police were conducting an investigation into the crash at the time of the report. It is not known if the passenger will sue the driver’s estate.

What is a Rollover Car Accident in San Bernardino?

A rollover car accident involves a vehicle turning or flipping repeatedly prior to landing either on its roof, side, or upright. The rollover accident can happen for any reason such as a manufacturing defect in the vehicle. A manufacturing defect may cause the vehicle to tip over at any time while the vehicle is in operation.

A rollover accident can be caused by a number of factors. Some of the most common include:

  • Type of motor vehicle: The majority of rollover accidents involve larger motor vehicles like trucks, SUVs, buses, and tractor-trailers. They have a higher center of gravity than most passenger vehicles, making these vehicle more prone to rolling over upon impact.
  • Speeding while making a turn: Failing to slow down in time to make a left or right turn is one of the main causes of a vehicle rollover. Speed while turning often contributes to the instability of a vehicle. When these things happen, the rollover accident may become deadly. Negligence may be a factor when speeding while making a left or right turn.
  • Weather conditions: Weather conditions can have a serious impact on a driver’s ability to operate a motor vehicle. Weather conditions include rain, hail, or a thunderstorm. Even if the rain has ceased, the wet surface combined with oil or residue on the street can cause a rollover accident.

Negligence in Rollover Accidents in San Bernardino

If a rollover accident happens and it is no one’s fault, an accident victim injured in the crash cannot sue for injuries. The other driver must be at fault in the rollover accident. Now, if the other driver is at fault and does not want to pay damages, the accident victim does have legal recourse. He or she can sue for negligence.

Negligence is the failure of a driver to act like a reasonable driver would in the same and/or similar circumstances. The driver must do things like obey traffic laws and not cause an accident. If someone does not act like a reasonable driver, he or she can be found negligent if those actions lead to an accident.

Contact Sanford A. Kassel, A Professional Law Corporation About Your Rollover Accident

You were injured in a rollover accident. You need an attorney to help you get the compensation you deserve. Contact us.

Inland Empire Magazine Names Sanford Kassel as a Top Lawyer in the IE

best lawyer inland empireInland Empire Magazine has been publishing an annual list of the Top Lawyers in the Inland Empire for several years, and Sanford A. Kassel has made the list once again. Based upon his professional ability, high ethical standards, legal experience, judgement, communication ability, legal knowledge, and analytical capabilities.

Attorney Sanford Kassel is rated AV Preeminent®  – which is the highest possible rating one can achieve from your peers through the Martindale-Hubbell rating system. Martindale-Hubbell has been a respected source for attorneys, since 1868.

This prestigious unbiased peer review AV rating is the basis for inclusion in the Inland Empire Top Lawyers annual edition.

Attorney Sanford A. Kassel is a personal injury attorney in San Bernardino serving the Inland Empire and Greater Southern California area. Please contact the firm today by calling (909) 884-6451 or visiting our Contact page.

Proving a Negligence Per Se Car Accident Cause in San Bernardino

The San Bernardino Sun reported in September of 2017 that five people were injured in a street racing incident involving two vehicles colliding. According to police, the accident happened when a vehicle traveling eastbound on Second Street broadsided a vehicle traveling southbound. The second vehicle was traveling along the 215 freeway around 8:30 p.m. The woman in the second vehicle, the one exiting the freeway, was critically injured.

Police claim that the first car traveling eastbound was racing another vehicle at the time of the accident. A total of five victims were treated at area hospitals following the crash. It was not indicated in the report if the other people injured were involved in the street racing.

The report did not indicate if the woman who was critically injured in the crash would file a personal injury claim in California court. Speed racing is against the law. A driver racing another driver in San Bernardino is breaking a traffic law. For this reason, the accident victim mentioned above may be able to sue using a more specific form of negligence to bolster the lawsuit.

Pure Negligence and Negligence Per Se in San Bernardino are Different Forms of Wrongdoing 

General, or pure, negligence occurs when a person fails to act as a reasonable person would in the same and/or similar circumstances. For instance, a reasonable driver would not have raced another driver while operating a motor vehicle in California. A negligent driver fails to act as another driver would have in the same situation when he or she races another vehicle and causes a crash.

However, negligence per se maybe separately invoked when a driver being at fault for a car accident violates a traffic law.

Proving Negligence Per Se in a San Bernardino Car Accident10

According to California law, a driver is liable under negligence per se if he or she:

  • Violated a traffic law, ordinance, or statute in California
  • The violation of the traffic law was the proximate cause of the accident victim’s injury, death or damage to property
  • The death or injury happened because the driver violated a statute designed to protect the accident victim from the exact harm
  • The accident victim was in the protected class the statute was enacted to protect from harm

Contact Sanford A. Kassel, A Professional Law Corportaion About Your San Bernardino Negligence Claim

You were involved in an accident in which a driver broke a traffic law or statute. You may have a slam dunk case, but that does not mean you do not have to fight. You still have to prove that negligence per se was the reason why you were injured. That is where we come in. We will represent you and help you gain the copmensation you deserve after an accident. Contact us.

Protect Your Legal Rights After a San Bernardino Accident Involving DUI

According to a September 2017 article in the San Bernardino Sun, a 24-year-old San Bernardino male was accused of driving under the influence and causing a car accident. The man hit another vehicle during the crash. The accident killed the driver and seriously injured a passenger. He was arrested on suspicion of gross vehicular manslaughter along with driving under the influence.

The accident happened in the 1200 block of Kendall Drive. The drunk driver was allegedly speeding south on Kendall Drive around 1 p.m. He allegedly slammed into a Ford Escape that was traveling southbound at the time. The car accident caused massive damage to the Ford Escape. The impact sent the suspect’s vehicle, a Jetta, into a third vehicle, as well.

In addition to those injured in the first crash, two people were also injured in the third vehicle crash. The suspect was also injured during the car accidents. At the time of the article, police were investigating the accident and asking for anyone’s help who witnessed what happened.

A victim of a car accident involving a driver under the influence of alcohol and/or drugs can sue in civil court. Civil court allows a victim to obtain damages connected to the car accident such as medical bills and lost wages. A civil case is different from a criminal case. The state prosecutes the DUI suspect for committing the offense of driving under the influence. They can seek restitution, but generally they are trying to punish the driver for breaking California law.

Suing for Damages in a San Bernardino DUI Car Accident

Filing a claim is the second step in protecting legal rights in a DUI car accident. To win the civil case, the accident victim must prove the other driver was negligent while driving and that the negligence caused an accident with injuries.

In a DUI crash, negligence per se will help an accident victim win or even settle a case. Negligence per se, which means the thing speaks for itself, shows that the driver broke the law. Since the driver broke the traffic law and caused an accident, the broken law shows wrongdoing.

Contact Sanford A. Kassel Regarding Your DUI-Related Car Accident

The first way to protect your legal rights is by contacting a personal injury attorney immediately after your crash. This protects your legal rights to sue for damages if the insurance company rejects your claim or there is no settlement. You attorney will file a claim in civil court while working on your insurance claim or settlement.

Negligence per se makes a strong case for either a win in civil court or a settlement. It is obvious the other driver broke the law by operating a motor vehicle while under the influence. However, you will still have to prove your case. Contact us immediately for help with your DUI-related car accident.

Passengers in a San Bernardino Car Accident may have a Legal Right to Sue

In May of 2017, four people were hurt in a crash, according to the San Bernardino Sun. The crash occurred early on a Saturday evening at East Baseline and Cedar Avenue and involved two vehicles. The crash sent four people to the hospital. Approximately two of the people were in critical condition at the time of the report.

An investigation into the car crash was ongoing at the time the report was published. There are no details about whether anyone would sue for personal injuries sustained in the crash.

Who is Considered a Passenger in a Vehicle?

A passenger is anyone in a vehicle who is not driving. A passenger can be in the front seat or in the back seat. This includes motorcycles and any other type of vehicle, as well.

A Driver has a Duty of Care to a Passenger in a San Bernardino

According to California personal injury law, a driver has the same legal duty to protect a passenger from harm as he or she does another driver. The driver is not supposed to do something such as speed or run a red light that would cause an accident with injury to ay othe rparty on the road or inside his or her own vehicle.

In other words, a driver has the responsibility to drive with care and obey traffic laws without causing an accident that hurts someone else. It does not matter if that person is another driver, their passenger, or a pedestrian.

A Passenger in San Bernardino does Not Have the Same Duty of Care as the Driver

A driver who fails to obey traffic laws may violate his or her legal duty to protect others from harm while driving. The accident victims, those injured in the car crash, also have a legal duty to protect themselves from harm. California law expects an accident victim driving a motor vehicle at the time to do everything to prevent harm from happening to them in an accident. For example, they are required to follow the rules of the road. This may include wearing a seatbelt or driving while sober.

The same expectations are not put upon a passenger riding in the same vehicle. A passenger cannot control the motor vehicle and does not have the ability to prevent a car accident from happening. He or she is not expected to be aware of any dangers on the roadway.

Contact Sanford A. Kassel regarding Your San Bernardino Accident

Comparative negligence is used to reduce an awarded to a plaintiff injured in a car accident. You may not have to worry about comparative negligence because you were a passenger in a car accident. However, do not think the other party will willingly settle just because you were a passenger in a car accident. Contact us about your case today.

San Bernardino Medical Malpractice and the Discovery Rule

According to a KTLA post in November of 2016, a California mother sued a health care provider for her son’s delayed diagnosis. A Long Beach mother claimed that doctors misdiagnosed her then 8-month-old son’s injury. He allegedly had a penny lodged in his esophagus. Instead, he was allegedly diagnosed with a viral infection after she took him to HealthCare. The mother claimed that the healthcare providers dismissed her requests for further testing. Her son allegedly continued to suffer from a worsening rash and fever.

She allegedly returned to the same clinic five times because of her son’s continued suffering. According to the mother, the providers continuously questioned her ability to pay for their services. It was only after she took her son to the ER at Long Beach Memorial Medical Center that the true medical condition was discovered. An X-ray revealed her son had a penny stuck in his esophagus. The penny was compromising his breathing.

Her son was immediately transferred to children’s hospital where the penny was removed from his esophagus. The specialist treating her son said the penny was probably in his esophagus for about three weeks based on the money’s corrosion. The mother later learned the penny had caused an additional injury, two large ulcers. She is suing for damages related to alleged negligence regarding the misdiagnosis of her son’s injury.

Medical Negligence in San Bernardino

Medical negligence involves a doctor, nurse, or other healthcare professional failing to provide a patient with standard medical treatment. Standard medical treatment refers to treatment that does not cause additional harm to a patient. If the medical provider does cause additional medical harm, he or she may be liable for medical malpractice.

The Statute of Limitations in a San Bernardino Medical Malpractice Claim

Every personal injury claim allows an injured victim to sue the liable party for damages. Damages include things like medical bills, lost wages, and pain and suffering. However, California does not give an injured victim, including a medical malpractice patient, an unlimited amount of time in which to file a lawsuit in court.

According to California medical malpractice law, an injured patient has three years from the date of the injury to file a lawsuit. For instance, if a patient received substandard treatment that caused an additional injury on February 1, 2014, he or she would have until February 1, 2017 to file a claim. The lawsuit does not have to be resolved by that time, only filed in San Bernardino court. It can be resolved after the three-year-period expires.

If the injured patient fails to file a medical malpractice claim within three years, he or she is barred from obtaining damages. The legal term “barred” refers to not being allowed to sue for the damages the at-fault party caused. For instance, if a patient was injured on February 1, 2014, but he or she waits until June 2017 to file a lawsuit, it would be automatically dismissed.

Contact Sanford A. Kassel Regarding Your San Bernardino Medical Malpractice

The discovery rule in medical malpractice does give you a little more time. You are able to sue a year after you discovered your medical malpractice injury. The discovery rule comes into play when you discover the injury after the standard statute of limitations. If you need help with you medical malpractice claim, contact us.

Riverside Motorcycle Crashes: Who is Liable?

According to a July 2017 article in The Press-Enterprise, a motorcycle crash occurred on the 215 Freeway in Riverside, which backed up rush hour traffic on both the 215 and 60 freeways. The crash was initially reported as a hit-and-run accident that occurred shortly before 5 p.m. south of Central Avenue. The crash involved a motorcycle, pickup truck, and another type of vehicle, and was ultimately determined not to have been a hit-and-run. The California Highway Patrol did have to shut down three lanes of the highway, as it took them 30 minutes to clear the vehicles to the roadside. This caused a backup in the northbound traffic all the way to Frederick Street in Moreno Valley. Around 6 p.m., traffic was backed up from Valley Way in Jurupa Valley to the crash site.

The report did not include any information about injuries to the motorcyclist or drivers. No further information was included regarding whether any of the individuals involved planned to file a personal injury claim for damages.

A motorcycle accident typically involves a motorcycle and a vehicle such as a car, truck, or commercial vehicle. It may also include some negligent act that causes a motorcyclist to hit and damage property such as a building or street sign. The injuries incurred in a motorcycle accident can range from minor to devastating or even fatal.

A Vehicle Owner is Liable for a Riverside Motorcycle Crash

According to California’s permissive use law, every driver is responsible for the injury, death, or property damage he or she causes while driving. The owner of the vehicle is also liable for the accident caused by a driver who borrows the vehicle.

The personal injury law does not distinguish whether the consent, or permission given to a driver, need be expressed. A vehicle owner can give permission to use a vehicle by giving the driver his or her car keys or nodding an answer when asked to use the vehicle.

Permissive use pertains to any type of vehicle accident, not just motorcycle accidents.

Owner Liability for a Motorcycle Crash in Riverside is Limited

An owner is not totally liable for an accident caused by a driver who borrows his or her vehicle. An owner’s liability is limited. He or she can be sued for damages related to the victim’s injuries or death up to $15,000. The amount increases to $30,000 if the accident caused death or injury to multiple people.

Exceptions to the Permissive Use Law in Riverside

A vehicle owner liability is not limited if he or she knew the driver did not have a driver’s license at the time the vehicle was lent to the negligent driver. Limitations also do not apply if the negligent driver was an employee or he or she used the vehicle to run an errand for the owner.

Getting Damages You Deserve from a Riverside Motorcycle Accident

At Sanford A. Kassel, we maximize compensation because we conduct a thorough investigation into who caused your motorcycle accident. We are not intimidated by the fact that the owner of the vehicle that hit you tries to avoid liability. We know the law and will use our experience with permissive use to get you the money you need for your injuries. Contact us for a free case review.

Speed can be a Factor in a San Bernardino Car Accident

According to an August 2017 report in the San Bernardino Sun and a subsequent viral video showing the crash, a driver was allegedly speeding and caused a chain-reaction crash on the 10 Freeway in Colton. The dashcam footage allegedly shows an Infiniti striking a BMW. The impact sent the vehicle under a tractor-trailer, then into another vehicle, a green Mazda, prior to stopping.

When the dashcam footage was posted on social media, a citizen who saw the footage recognized the vehicle and informed California Highway Patrol of its location. The vehicle was then located in San Bernardino, but authorities could not locate the driver. The Infiniti was reported stolen prior to the accident.

The drivers of the Infiniti and Mazda both allegedly fled the scene. The driver of the BMW suffered minor injuries. Police were still investigating the accident at the time of the report.

Speed in a Car Accident Makes a Driver Negligent According to Negligence Per Se

After an accident, an investigation is conducted to determine the accident’s cause. An investigation by police will determine if any laws were broken or if anyone was criminally at fault for the crash.

An investigation done by a personal injury lawyer seeks to determine liability, too. Instead of placing criminally liability on a driver, the lawyer looks for financial liability. One way to show that the at-fault driver is on the financial hook for the accident victim’s damages is proving negligence per se.

Negligence per se occurs when a driver violates a matter of law such as a traffic rule. According to California law, no one is allowed to operate a motor vehicle over the posted speed limit. Of course, this law excludes first responders.

Operating a motor vehicle over the posted speed limit is a traffic offense. This traffic offense can lead to a personal injury claim if the driver caused a crash that:

  • Injured a driver and/or passenger
  • Damaged property
  • Killed another driver and/or passenger

The negligent driver would have to pay, if he or she was found liable, damages such as:

  • Pain and suffering
  • Lost wages
  • Medical expenses related to the accident
  • Funeral and burial costs if the driver and/or passenger dies

Sanford A. Kassel is Your San Bernardino Car Accident Attorney 

Being involved in an accident in which  negligence per se law makes the driver at fault does not mean that you do not have to prove your case. You and your attorney will have to go through the same steps of proving fault in your speeding car accident case as in any other personal injury claim.

We have to prove elements such as that the negligent driver owed you a duty, that he or she violated that duty, and that he or she caused an accident that injured you. We also have to prove that you have suffered damages that the negligent driver is legally responsible for paying, like medical bills. Contact us immediately.

A Victim of a San Bernardino Car Accident can Sue Even if Partially at Fault

According to a July 2017 article in The Press-Enterprise, three people were killed in an accident after a man ran a red light. A man driving an SUV allegedly crashed into a car in Apple Valley.

The car crash happened in the early afternoon at the intersection of Bear Valley Road and Deep Creek Road. The SUV’s driver ran a red light and crashed into a 2013 Honda Civic turning west from Deep Creek Road.

The driver and occupant of the Honda, a 63-year-old male and 77-year-old passenger, died at the accident scene. The SUV driver was airlifted to the hospital where he later died.

The police were investigating the accident at the time of the article and did not initially have another cause of the crash.

Pure Comparative Negligence Allows a Victim who Shares Blame in an Accident to Sue for Damages

A defendant trying to avoid paying an injured plaintiff will have many legal defenses to help avoid liability. One type of defense is called comparative negligence. Comparative negligence is claiming that a plaintiff injured in a car accident did something wrong to help cause the accident, essentially contributing to his or her own injuries.

According to California law, an injured victim has the responsibility of protecting him or herself from harm by not doing anything to cause an accident. If an accident does occur and the injured plaintiff is at fault, a judge can compare fault.

In some states, if the injured plaintiff is deemed to be at fault more than 50%, then he or she cannot receive damages. Other states use a form of comparative negligence that alters the amount an injured plaintiff can receive if he or she shares fault for the accident.

Pure Comparative Negligence in San Bernardino

In California, comparative negligence is further broken down into another type of negligence called pure comparative negligence.

Pure comparing fault involves assessing a percentage of fault to each driver. The amount of the plaintiff’s fault decreases his or her damages. For example, a defendant ran a red light and caused an accident. The injured plaintiff was texting at the time and did not see the driver coming towards him or her. A judge or jury would assign a percentage of fault to the injured plaintiff.

Let’s say it the injured plaintiff’s fault was 30%. If he or she did not share fault, he or she would receive 100% of damages. Being 30% at fault, the plaintiff would receive 70% of damages.

Contact Sanford A. Kassel About Your San Bernardino Car Accident

If you are partially at fault for an accident caused by another driver, you are still allowed to seek damages. Compensation for lost wages, medical costs, and pain and suffering are common types of damages sought in a car accident case. Since you may be partially at fault for the crash, your amount of damages may be lower than someone who did not share fault in the crash, but this does not mean you do not have the right to file a claim.

Contact us about your car accident in southern California. We will determine the cause of the accident and if you really share fault.