The Cause of a Bike Accident in San Bernardino Might be Driver Negligence

According to a May 2017 article in the San Bernardino County Sun, a bicyclist was killed in a crash on Mother’s Day. At the time of the report, San Bernardino police were searching for a vehicle involved in one of the accidents. It was the driver who allegedly hit a bicyclist. The hit-and-run happened shortly after 2 a.m. in the 1100 block of 39th Street. A 52-year-old male was riding his bike traveling west and along the curb at the time of the accident. He was struck from behind by a driver possibly operating a dark Toyota Yaris. The driver was also heading west at the time of the accident. The bike accident victim was thrown off the bike and landed on the ground. He was pronounced dead at the accident scene.

The crash was still under investigation at the time of the report. It is unknown whether the bicyclist’s family would file a personal injury claim on his behalf.

What is a San Bernardino Bike Accident?

A bike accident typically involves a vehicle and a bicycle colliding. It can also include two bicyclists colliding. The cause of the collision may be negligence per se, which involves the driver breaking a traffic law. To obtain compensation for a bike injury, a victim must prove that the driver or other bicyclist was at fault.

Common Causes of Bike Accidents in San Bernardino

In a collision between a bike and a vehicle, the bicyclist typically gets the brunt of the damage, such as devastating injuries and property damage. The follow are some common causes of bike accidents:

  • Left-hand turn accidents: Drivers are usually turning left when they hit bicyclists.
  • Reversing a vehicle unexpectedly: When drivers place their vehicles in reverse without looking out for other drivers or bicyclists, accidents occur.
  • Open-door accidents: Drivers should not open their doors after parking until all traffic is clear. When they do not watch out for bicyclists, bicyclists can be hit by the open door.

Sanford A. Kassel is Your San Bernardino Bike Accident Attorney

If you or a loved one was injured in a bike accident, you have the right to receive compensation for medical expenses, lost wages, and pain and suffering. We will help you prove your case according to California’s personal injury laws. These include showing that the driver had a legal duty to avoid causing an accident and harming you. The driver breached that legal duty when he or she caused an accident and injured you. The cause of those actions was negligence, and that negligence caused your injuries. You deserve to be compensated fully.

Let’s get started on your case. We offer a free case review. Contact us.

Elements Needed to Prove a Wrongful Death Claim

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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

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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.

Teen Auto Accidents | Fatal | Wrongful Death

The death of a loved one is tragic… the Wrongful Death of a loved one also brings many legal challenges to deal with. Grieving families struggle to understand: What happened? How did it happen? Why did it happen? Who is responsible for us so tragically losing our loved one?

All too often, investigations that are performed by either law enforcement, or some other public agency, fall short of providing these answers. With any sudden, unexplained, Wrongful Death of a loved one, it is vital for those left behind, to have a team of independent investigators working on their behalf.

Recently, in Southern California, there were two horrific auto accidents occurring hours apart. The total lives claimed in these two crashes was 10–most of them teenagers #teenautoaccidents. The circumstances surrounding each of these devastating accidents are extremely complicated, and will pose many legal challenges.

If you or someone you care about are dealing with the sudden death of a loved one, call the Wrongful Death Attorneys at SANFORD A. KASSEL, A Professional Law Corporation, 909.884.6451 Our highly-skilled attorneys, staff, and team of top-notch investigators can assist you through the difficult time you are facing.

2 SOUTHERN CALIFORNIA CRASHES CLAIM 5 LIVES EACH – ABC News

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Police were investigating a multi-vehicle crash in Chino on Friday. (Credit: KTLA)

Multiple Fatalities Reported in Fiery Three Vehicle Crash in Chino – KTLA 5 News

Irvine Crash

Five teenagers were killed in a single-vehicle accident on the southbound 5 Freeway in Irvine early Saturday. (KTLA)

Three of five teens killed in Irvine crash died from impact, not fire – LA Times

 

#teenautoaccidents, #wrongfuldeath, #caraccidents