A recent state audit provides evidence that California's oversight of limousines, shuttles, charter busses and other passenger carriers is "insufficient to ensure consumer safety" in the aftermath of a deadly limo fire on the San Mateo Bridge. We have written about this fire on several occasions. The general public has been led to believe that the State Agency paid to oversee these conveyances is doing a good job and we don't agree. When 5 people die in a limo fire that was preventable it becomes clear they are not doing an even acceptable job.
When we lose a loved one it's always sad. It makes it worse when the death arose due to irresponsibility. If you believe that the death of a loved one was due to unlawful or negligent behavior, you should consider seeking the advice of an experienced Personal Injury Attorney.
I had a past client call me this morning with an interesting story. He was walking through a parking lot and witnessed an accident. The cause in his opinion was cell phone use and driver inattention. Here is his story...
The trial against the Los Angeles Dodgers and two named assailants ended with a verdict in favor of Bryan Stow in the amount of $18,000.000. According to ABC News, the jury found that the Dodgers organization was 25% responsible for the attack, and the balance of the responsibility was assessed evenly against the two named assailants, Louie Sanchez and Marvin Norwood.
Comedian Tracy Morgan was involved in a horrible accident with a Walmart Truck and has recently filed a lawsuit against Walmart citing negligence on their part. The accident occurred on the New Jersey Turnpike left several people severely injured and killed comedian James McNair, commonly known as Jimmy Mack.
Yielding to pressure from the National Highway Traffic Safety Administration, Graco Corporation is conducting a recall of 1.9 million rear-facing infant seats due to faulty harness buckles. The New York Times recently reported this story which followed announcements by the Graco Corporation in early 2014 regarding similar harness buckles.
General Motors estimates it will need at least $400 million dollars to compensate victims of an ignition switch defect and this amount could rise by an additional $200 million depending on the number of people who actually file claims. The victims fund will be administered by an outside official.
As Lawyers, we have the privilege of helping our clients through some of the difficult times in their lives. One of the ways we do that is to make sure that the general public knows what to do before and after something happens.
Have you or anyone you know ever been attacked by a dog? According to the Los Angeles Times, California sees more dog bite claims than any other state in the U.S. In fact, in 2013 California insurance companies received a total of 1,919 claims for dog bite injuries that ended up costing $64.7 million. Data collected by the Insurance Information Institute and State Farm in a recent report proves that we have the highest cost of claims in America.
Like most people, we love our dogs. Large breeds and small breeds alike provide love, companionship and even protection to many people and there are people who have service dogs that they depend on with their lives. With that said there are facts that simply cannot be ignored about many of these same dogs. Sometimes unfortunate things happen and people are injured and some even die. It is for this reason that California has such strict laws that clearly state pet owners are responsible for their animals' behavior. Every year an increasing number of Californians suffer injuries in dog bite accidents, or other pet attacks. At Guenard & Bozarth we take dog bites and animal attacks seriously. We know that injuries can go well beyond physical scars and even amputations. We see dog bite victims suffer from infection, scarring, disfigurement and psychological trauma.
The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) recently issued a press release urging motorists to drive sober for the upcoming holiday weekend. This year's campaign isn't just focused on the personal costs and human toll of impaired driving and boating, it's also focused on the economic impact and societal impacts of drunk driving.
As the fall harvest season approaches our freeways will again be filled with big trucks moving products grown in the fields to processing plants. This includes tomatoes, grapes, rice and other such agricultural products vital to our region. With the increase in big truck traffic comes the potential for an increase in big truck accidents. There was a big truck accident in Southern California recently that reminds us of what can happen with a split second of inattention.
A study in the Journal of Patient Safety points out that the third leading cause of death in the United States is preventable mistakes also referred to as medical negligence in hospitals and they estimate that up to 440,000 people die each year because of preventable mistakes in hospitals. The California Medical Board reported estimates that nearly one in five doctors will abuse drugs or alcohol during their lifetimes. Drug overdose deaths in the U.S. have more than tripled since 1990 and most of those deaths are due to prescription drugs. Proposition 46 creates new protections to detect and deter medical negligence, overprescribing of prescription drugs, and doctor drug and alcohol abuse.
We read an article recently about someone in the Bay Area that bought a home built in the middle 1950's without the aid of an attorney or a home inspection. In the court papers they stated that they cut corners to save a few dollars. Had they not cut corners they would likely be better off today.
In November California voters will decide whether or not the caps on damages in medical malpractice cases should be raised. This is the first time since they were enacted in 1975 that we have even been asked! Along with lifting damages will be also vote to prevent doctors from being under the influence of alcohol or drugs while treating patients and to prevent them from over prescribing pain medications to persons with a history of substance abuse. The Troy and Alana Pack Safety Act of 2014 (Also Known as Proposition 46) highlights are:
If you turn on the television during the day you are likely to see an ad for a law firm that represents people that have been injured. They use pictures of people with neck braces, people with an arm or a leg in a sling and even lacerations. While these are effective images, they typically represent short term issues that are dealt with and the victim moves on once healed. What about other long term issues?
It seems like the last thing on your mind when you've been injured in an accident is what you need to do to win your case against the individual or organization at fault for your injury. However, no matter if it appears your case is large or small, your injuries severe or minor, to stand a chance in court against the party at fault you must do all you can to preserve the evidence in some way. Here are some ways to accomplish that.
There was a multiple motorcycle accident on Interstate 5 recently that ended up sending 4 riders to the hospital, 1 of the riders had serious and life threatening injuries. This was a motorcycle group that was riding together when the accident happened.
A report recently released shows that over 11,000 patient abuse complaints have not been investigated by the California Department of Public Health. This report was released by the California State Auditors office on October 30, 2014 and found many of these reports were labeled as "high Priority" because of the serious harm that was being done to the patients. Many of these complaints have been active for a year or longer!
Just 2 percent of motor vehicle crash deaths involve bicycles and the majority of these deaths the injuries leading to death were to the head. The latest study of bicycle injuries underscores the importance of wearing a helmet whenever you ride your bike. It's been established that wearing a helmet reduces your risk of head injury by 85 percent! It should be noted that even a helmet is not fool proof and that's revealed by reducing injuries by 85% leaves 15% with some degree of head injury.
Almost everyone agrees that texting while driving is dangerous and it appears that most of us do it anyways! AT&T did a study that showed that 98 percent of the people are aware of the dangers behind the wheel and over 75% text anyways! If you doubt that figure look around the next time you are at a stop light and look at how many people are looking in their lap. The same study revealed that more than 25% believe they can safely text and do several other things at the same time while they are driving
For the second time in a week someone was struck and killed on the Sacramento Light Rail tracks. You may remember that it was only a week ago that a popular high school student was killed on these same light rail tracks. The first death happened less than 200 yards from the point of impact in today's death.
In June 2014 Comedian Tracy Morgan was a passenger riding with a friend in a bus on the New Jersey turnpike. Morgan had just left a comedy club where he and his friend were performing when the bus they were riding in was hit. The vehicle that hit them was driven by Kevin Roper who was employed by Wal Mart. The lawsuit filed by Morgan's lawyer alleges negligence on the part of Wal Mart for allowing their driver to operate a big truck without sufficient sleep and for exceeding the speed limit by 20 MPH.
In 1991 the California Legislature passed the Elder Abuse Act to address the needs of the elderly and their loved ones who are facing including abuse, neglect and abandonment. Lawyers were encouraged to become advocates of this class of Californians. The Act included enhanced remedies for successful claimants, including attorney's fees and costs, and even post-mortem general damages in cases of death when certain burdens of proof are met.
Honda America and Chrysler announced yesterday that they are expanding the recall of Takata Driver Side Air Bags installed in cars they manufacture from 11 states to nationally. Honda has already notified car owners in the first 11 states that these air bags were causing serious injuries and deaths. Chrysler is instituting their first recall for this issue.
There is a chasm of difference between flooding and water damage and that difference often comes down to the claims process. Many companies will define too much water in your home as a flood but that doesn't mean what you have is actually flooding!
As 2014 is coming to an end, all of us here at The Law office of Guenard & Bozarth think about all we are grateful for. Our relationship with our customers and friends is one thing we treasure. We want to sincerely Thank you for the opportunity to serve you this past year. We wish you a Merry Christmas and much success in 2015.
On December 4th Acura notified their dealers to stop the sale on some Acura TLX V-6 models because of a transmission defect. It seems that when the transmission appears to be in park that is doesn't really end up in park. This means that the vehicle can roll away and if you are parked on an incline of any sort this could be a really large issue.
Everyone at the Law office of Guenard & Bozarth wish you a happy, safe and prosperous 2015. May all of your dreams come true!
There are those that decide which law firm to work with by the flashiest commercial on television. While this is one way to decide we don't think that it's the best way with good reasons why.
One of the named partners at Guenard & Bozarth is Glenn Guenard. Glenn is our in-house litigation specialist. There is not a single case in our office that is litigated that Glenn doesn't have influence over.
5 farm workers were killed going to work recently when their van was struck in heavy fog on Highway 4, east of Stockton. The fact that 5 innocent people died and others were injured is only part of the story. We want to look at what wasn't clearly reported that could impact you and any case you may ever be involved in.
When we use the term Personal Injury Cases Handled Personally it's more than a tag line... This is what we are all about! We know that each file we maintain is a living and breathing person that has been injured and looks to us for a result.
When an insurance defense attorney discovers that Guenard & Bozarth has a previous Insurance Company Defense Attorney on staff and representing injured people we have what you call a game changer! This is never good news to the insurance company and you should like that a lot!
The trial lasted just 3 weeks and the case alleging there was a defect in a 2006 fatal crash of a Toyota Camry has finally gone to the jury. There is a lot resting on the shoulders of the 6 men and 6 women of the jury. These people must decide if the design of the Toyota contained a defect that was unreasonably dangerous to the drivers of those cars.
We recently wrote a blog about a 2006 case where a Toyota Camry was involved in an accident that killed 3 people and the driver alleged at the time that there was a defect in the car that was the cause. At that time the driver, Koua Fong was arrested for Criminal Vehicular Homicide and subsequently spent over 2 and a half years in prison before being released. The reason for his release was the sheer number of other drivers reporting the same issue with similar results.
Cruising has become a very popular way to vacation for Americans and citizens of other countries. The nice thing is that you can get away from everything, be surrounded by nothing but ocean and there is someone there to see to your every need. Well, almost every need. What happens if you become ill at sea? As we have seen more and more frequently, you might die at sea. Until recently you had no recourse if something catastrophic happens while you are on a ship.
The technology that teenage and early 20 something's love has finally caught up to their driving... many of them are not at all happy about it! As we are monitored more and more by companies and government someone has finally devised a way to help parents keep an eye on their young drivers and get real time information to change behaviors while there is still time.
The National Highway Traffic Safety Administration recently fined Honda $70 Million dollars for willful failure to submit reports of fatal accidents and injuries as required by the government. This is the largest fine ever levied against an automaker.
Volumes have been written about Bruce Jenner's accident where 1 person died and we aren't going to pile on. This is a classic case where someone who appears to have all the money in the world may not, and while his divorce didn't bankrupt him the car accident just might.
The National Highway Traffic Safety Administration has levied fines against Takata Corporation of $14,000 per day for not cooperating with the Department of Transportation's investigation into defective air bag inflators. The defective air bag inflators have killed at least 6 people and injured more than 60 others both here and abroad.
The daughter of Rev. Al Sharpton filed suit against the City of New York in early May and she is seeking $5 Million dollars as a result of a sprained ankle she suffered as a result of uneven concrete. The suit goes on to state that she "still suffers and will continue to suffer for some time physical pain and bodily injuries." We hope for a speedy recovery for Ms. Sharpton.
As personal injury advocates we see first- hand what happens when a driver overlooks the presence of someone on a motorcycle. Since this is the start of Motorcycle Safety Month we are sharing some sobering facts about crash statistics.
With the warm breezes of Summer finally here we will all either attend or even host a Summer party where a swimming pool will be part of the equation. With a little planning and minimal expense we can increase our level of enjoyment and actually have time to interact with other adults by inviting one additional person. An American Red Cross Certified Lifeguard.
Almost everyone has an opinion regarding what to do when you are injured and those opinions increase in both numbers and absurdity when you have a pre-existing condition like arthritis or even osteoporosis. Opinions are one thing but what does the law say?
After careful review of evidence from the July 2010 Greyhound Bus Accident where 6 people died, Judge Donald Black has ordered a new trial. The evidence that Judge Black reviewed showed that the driver of the Bus was speeding on Highway 99 without wearing his corrective lenses that were required for driving when he hit an overturned SUV in the fast lane at 2am.
Downtown Berkeley was the backdrop for yet another deadly balcony collapse. This balcony collapse took the lives of 6 students and severely injured 7 others. The investigation is currently focused on rotted wood as the cause. Five of the dead were Irish Nationals and the sixth was a dual Irish-U.S. citizen who lived in Rohnert Park.
If you own a car you are likely affected either directly or indirectly by the Takata Air Bad debacle. A quick look at the history to this mess is disquieting to even the most jaded legal professional. In political scandals the phrase what did they know and when did they know is frequently asked and this should have been asked of Takata.
The news has been filled with stories about construction defects that have lead to lives being lost and even lives that hang in the balance as a result of defects that should have been uncovered during the initial planning and building phase. In fact, several of these have been close to home and we want to share some insider information about these issues.
Our Office has worked with the Elk Grove Food Bank Services for several years and our Senior Partner Glenn Guenard is one of the Food Bank Executive Directors. We were recently one of the sponsors of the annual "Run 4 The Hungry" and we were moved when we learned about a particular participant.
A few weeks back we wrote a blog explaining the increased responsibility that a professional driver has. As crazy as that seems professional driver includes airplane pilots, railroad engineers and not so crazy is the inclusion of taxi drivers. The reality is that the driver of a taxi is the professional driver we are most likely to come into contact with. If something happens when you are in a yellow cab that is licensed by a city you have a somewhat better than average chance that the cab has been inspected, the driver is licensed and they have mandated insurances in place to protect you. Along came ride sharing.
There was a CBS correspondent named Bob Simon who was killed in a car accident recently. The company and their driver who appears to have caused the accident are using "Culpable Conduct" as part of their defense. This is a common defense and understanding why has value for all of us.
We use the term compassion frequently and understand that our definition and yours may not be the same. We want to use this forum to explain what we mean and how you benefit when we apply it.
In the last few weeks KFC brought back the Colonel to help sell some chicken. The reality is they nailed it visually because he looks the part. So far so good. The moment he opened his mouth we knew he was less than a good choice. The voice is nothing that anyone we know likes and we predict this experiment will not last long. Image matters.