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.

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.

Medical Malpractice in San Bernardino

A California mother claimed medical malpractice after doctors allegedly ignored symptoms that her 8-month-old baby exhibited, according to a November 2016 report on KTLA.

According to the mother, her then 8-month-old son was diagnosed with a viral infection after visiting medical professionals at HealthCare Partners in June 2016. She said doctors allegedly dismissed her concerns and requests for further testing because he continued to have a fever. He allegedly had a rash that worsened after the medical diagnosis.

She returned to the clinic with her baby at least five times. She alleges that the medical providers questioned her ability to pay the medical bills. She later took the child to the emergency room for care. An X-ray revealed the baby had a penny stuck in his esophagus. The penny compromised his ability to breathe.

After the discovery, he was immediately taken to Miller Children’s Hospital to have the penny removed. Specialists believed the penny had been the cause of his symptoms, including two ulcers.

The mother filed a lawsuit seeking medical bills and lost wages. The lawsuit was filed after the HealthCare Partners allegedly told her to file a claim for reimbursement with the company. That claim was allegedly denied.

The healthcare company was contacted for the story and did not comment on the lawsuit. It did say that quality care is at the heart of what they do.

It is not known whether the lawsuit has been resolved at trial or an out-of-court settlement. The mother filed a type of personal injury lawsuit known as a medical malpractice claim.

What is a Medical Malpractice Claim in San Bernardino?

A medical malpractice claim is a lawsuit against a healthcare provider for failing to provide a patient standard care. The medical provider can be a surgeon, doctor, nurse, or hospital. They are supposed to provide a standard of care.

Standard care is the same type of care another provider in San Bernardino would provide. It does not have to be the absolute best health care. It just cannot do additional harm to the patient.

A San Bernardino Medical Malpractice Claim Seeks Money for Harm Done to a Patient

An injured patient can recoup money lost because of an injury. The money lost comes in the form of damages. Damages sought can include:

  • Additional medical bills
  • Rehabilitation need to recover from injury
  • Lost wages
  • Pain and suffering
  • Decreased earning capacity

Contact Sanford A. Kassel Regarding Your San Bernardino Medical Malpractice Claim

According to California law, you have one year from the date of your injury to file a medical malpractice claim. If you discovered your injury after that one-year period, then you have one year from the date of discovery. If you do not file a lawsuit within that time period, you are barred from seeking damages.

Being “barred” from filing a lawsuit means that you cannot sue the provider who caused your injury.

Do not let the healthcare provider who injured you get away with not paying damages. Contact us immediately for help.

Three Elements Needed to Establish a Product Liability Claim

pacemaker

According to a July 2017 report in California Healthline, DNA linked deadly germs to tainted devices used during heart surgeries to a German Factory.

Contamination at a German factory was likely the source of a global outbreak of deadly infections in heart patients. Scientists discovered the source by using whole-genome sequencing to match the DNA fingerprint samples taken from patients in several countries.

A 55-year-old Pennsylvania man was among patients infected with the germ in the United States. He appeared to recover well after his open-heart surgery in March of 2015. However, a product liability lawsuit filed on his behalf claimed that he became ill with a mysterious illness shortly thereafter. He had to be re-hospitalized because of an infection allegedly acquired via the heater-cooler unit used during his operation. He later died from the infection.

About 250,000 heart operations done in the United States each year use this same device. Approximately 60% are completed using the German heater-cooler model device approved in the U.S. in 2006.

Early reports of problems with the devices began in 2002. However, the FDA became aware of the problem in 2014. The FDA waited about a year to inform the public about the problem with the devices. Many hospitals, including the University of Iowa Hospitals and Clinics, still use the devices during their heart surgeries. They place the device in a different room connected to operating room to try to avoid patients become infected.

The outcome of the lawsuits involving the devices are not yet known.

Product Liability in San Bernardino

Every product on the market is not supposed to injure a consumer when used properly. Unfortunately, companies do not always make products safe for public use. When a product injures a consumer, it is considered a defective product. The defect can be caused by a:

  • Manufacturing flaw
  • Design defect
  • Inadequate instructions or warnings

Three Elements Needed to Establish a San Bernardino Product Liability Claim

To successfully win a product liability claim, a consumer must prove three things, called elements in legal terms. These three elements are:

  1. The product was defective. It may be obvious, but the court requires a consumer prove that there was a design or manufacturing flaw with the product. If the flaw was an inadequate warning, that must be shown, too. The consumer also has the burden of proving they used the product in the way it intended.
  2. The defect existed prior to the company, or defendant, placing the product on the market.
  3. The defect caused the consumer’s damages such as pain and suffering, medical bills, and lost wages

Contact the Attorneys of Sanford A. Kassel Law About Your San Bernardino Product Liability Claim

Products on the market are supposed to be safe to use. When they cause an injury, you have the right to sue for your damages. Contact us about your product liability claim. We are ready to fight for you.

Elements Needed to Prove a Wrongful Death Claim

grave

According to KTLA June 2017 report, a woman was killed in a chain-reaction car crash. The accident was allegedly caused by a drunk driver. The woman’s vehicle slammed into a San Bernardino County sheriff’s van. At the time, the sheriff’s deputy was transporting several prisoners to a facility and traveling eastbound on Fifth Street. He stopped at the H Street intersection for a red light. The victim was stopped behind the police van.

As they waited for the light to turn green, a 34-year-old driver rear-ended the woman’s car. The impacted sent her car into the back of the van.

According to witnesses, the alleged drunk driver appeared to be speeding when the collision happened. The victim suffered major internal injuries and was not responsive immediately after the crash happened. She was transported to the hospital, where she later died of her injuries. At least one prisoner sustained minor injuries as the result of the crash.

The driver was arrested for operating a motor vehicle under the influence of alcohol or drugs. At the time of the report, he had not been charged with DUI.

It is not known if the victim’s family will file a wrongful death claim against the driver. A wrongful death claim is a personal injury lawsuit where a family member seeks money for the untimely death of his or her loved one. Often times, an accident may happen and no one is at fault. However, if an accident happens and a victim dies, the family has the legal right to sue for all accident-related expenses.

Negligence in a San Bernardino Wrongful Death Claim

All personal injury claims start with negligence. An individual or company must do something wrong to cause an accident with injuries. A plaintiff, or family member in a wrongful death claim, has the responsibility of proving that his or her loved one’s untimely death happened because of negligence.

The legal definition of negligence is the failure to do what a reasonable person would do in the same or similar situation. Therefore, a wrongful death plaintiff must show that the defendant did not act as a reasonable person would have in the same or similar circumstance.

The Four Elements Needed in a San Bernardino Wrongful Death Lawsuit

Proving negligence involves establishing four steps, or elements. These elements are:

  1. The defendant had a legal duty to protect the loved one from harm.
  2. The defendant breached the legal duty by causing an accident that killed their loved one. The breach makes the defendant negligent.
  3. The defendant’s negligence was the direct or indirect cause of the loved one’s death
  4. The family is owed money, or damages, because of their loved one’s death. Damages include funeral and burial expenses.

Contact the San Bernardino Attorneys Ready to Fight for You in Your Wrongful Death Claim

Your loved one did not have to die. He or she was killed because of another person’s negligence. If you need help getting the money you deserve, contact the injury attorneys of Sanford A. Kassel, A Professional Law Corporation immediately.

Only Specific Family Members can Sue in a San Bernardino Wrongful Death Claim

wrongful death

The families of San Bernardino attack victims have sued social media companies for wrongful death, according to a Los Angeles Times May 2017 article.

The families filed a wrongful death claim in U.S. District Court for the Southern District of California against Google and social media sites Facebook and Twitter. They allege the companies allowed the Islamic State to build an online presence and disseminate its extremist beliefs. The presence allowed it to recruit and promote attacks like the December 2, 2015 shooting at the Inland Regional Center.

In the 2015 attack, Syed Rizwan Farook and his wife, Tashfeen Malik, shot 14 people. A total of 22 people were injured during the attack. The families of some of the victims claim the social media and Internet companies allowed the posting of content supportive to Islamic State that radicalized the couple.

In other words, the defendants were liable for aiding and abetting wrongful death, international terrorism, and providing support for terror groups.

The defendants, in their response filed with the court, sympathized with the families. However, they claim no liability in the victims’ death.

What is a San Bernardino Wrongful Death Claim?

A wrongful death claim is a personal injury lawsuit filed on behalf of a loved one killed because of someone’s negligence. The lawsuit seeks to recover damages, or money, related to their loved one’s untimely death. The reason it is a wrongful death is because it is an untimely death cause by the negligent acts of a company or person.

Not every family member can sue for their loved one’s death. California personal injury law permits only certain family members to file such a claim.

Immediate San Bernardino Family Members are Allowed to File a Wrongful Death Claim

Family members or a deceased person, commonly called survivors, can file a wrongful death claim separately or jointly. Jointly refers to one of more family members filing one lawsuit together. The immediate family members, or surviving relatives, who can file a wrongful death claim are the loved one’s spouse and children.

If the Loved One had No Spouse or Children, a Wrongful Death Claim can Still be Filed

In certain situations, an individual who dies because of a negligent act may not have children or a spouse. According to California wrongful death law, a small group of family members are then allowed to file a claim. The family members next in line to file a claim are the victim’s:

  • Parents
  • Siblings
  • Children of the loved one’s siblings
  • Grandparents
  • Any lineal descendants

However, if the victim does not have any of those family members, another set of relatives can file a claim. They include:

  • Putative spouse
  • Children of the putative spouse
  • Stepchildren

When experience counts, you can trust the San Bernardino wrongful death lawyers at Sanford A. Kassel, A Professional Law Corporation.

Your family member had a long life ahead of him or her. Now you are left to pay the expenses related to your loved one’s death. Let us help you obtain the money you need to pay your loved one’s expenses. Contact us.