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California Drivers May Share the Road with Self-Driving Trucks: What This Means For Personal Injury Claims

In Truck Accidents35 ViewsLeave a comment Sherwin Arzani

Move over, self-driving cars, and make room for self-driving big rigs. A technology company has started testing its self-driving software on “heavy duty” trucks in California. If successful, you could be sharing California’s already dangerous roads with driverless rigs in the not-so-distant future.

According to the company behind the software, self-driving software in semi-trucks makes the most sense. Trucks generally drive on freeways while following (mostly) straight routes. Compared with downtown driving, which can require multiple turns and stops, trucks may theoretically be better candidates for self-driving software.

The American Trucking Association reports that trucking is one of the most dangerous jobs in the country. Each year, truck accidents result in the deaths of more than 4,000 people and injure another 116,000. While self-driving software may reduce the deaths and injuries caused to truck drivers (since there will essentially be no drivers to harm), it will be interesting to see if the switch significantly reduces the number of accidents in which trucks are involved. If trucks are still involved in the same number of accidents, it is probably unlikely that the rate of injuries for passenger vehicle occupants will decline.

Truck Accidents on the Rise in California

In 2009, an estimated 4.8% of California traffic accidents involved a truck. After hitting this near all-time low, the rate of accidents involving trucks in California has risen steadily. In 2014, nearly 5.6% of all traffic accidents in California involved a truck. The timing of the rise in the number of truck accidents is no coincidence.

As the economy continues to recover, more trucks are required as businesses begin to gain economic traction. Tens of thousands of trucks hit Southern California freeways, often logging more than a combined 8 million miles each day. As more trucks hit the road, more accidents will occur. It is unlikely that self-driving trucks will reduce the number of trucks on Southern California roads. If the number of trucks is still significant, and if trucks continue to travel millions of miles each day, will drivers be any less likely to be injured in a truck accident?

Will Self-Driving Trucks Reduce Injury-Causing Accidents in California?

What are the current causes of truck accidents in California? Commonly cited causes of truck accidents include:

  • Cars and trucks fighting over lane position at freeway interchanges;
  • Lane changes;
  • Cars having poor visibility over and around larger trucks;
  • Driving between trucks;
  • Speeding;
  • Distracted driving; and
  • Driver fatigue.

Will self-driving trucks remove or reduce the potential for these causes? Removing the human element of a truck driver could potentially remove the possibility for distracted driving, fatigued driving, and speeding by truck drivers. However, trucks will still be sharing the road with passenger vehicles.

These cars will be driven by humans who are very capable of speeding, distracted driving, and pushing the limits of fatigue. Self-driving software does not remove the obstacles posed by the size of trucks themselves. Passenger cars will likely still struggle with the ability to maneuver around trucks and to see other vehicles around the trucks.

While the number of truck driver error could potentially be reduced, it is not clear whether the number of accidents would decline. If passenger vehicles are involved in a truck accident – regardless of who is operating the truck – the consequences can be life-shattering.

Consequences of Truck Accidents in California

If you are involved in a truck accident in California you will likely face extraordinary costs as you recover. The average cost of a fatal car accident is approximately $1.4 Million. The average cost of a truck accident is approximately $7 Million. "Truck collisions are also twice as likely to be fatal than other traffic accidents," says Curtis Quay, a San Diego personal injury attorney who handles big rig accidents.  Mr. Quay further states, "Even if a truck accident isn’t fatal it can cause serious, life-changing injuries." Some of the leading injuries resulting from a truck accident include:

  • internal organ damage;
  • internal bleeding;
  • traumatic brain injury;
  • spinal injuries;
  • loss of limbs; and
  • paralysis.

Liability After a Truck Accident in California

If self-driving trucks are dispatched onto California’s busy freeways victims of accidents involving those trucks may face a challenge when it comes to determining liability. As is stands, the truck driver, employer, and truck company could potentially be liable parties in a truck accident today.

Taking the driver out of the equation that may pose a problem. Employers and trucking companies could still be on the hook, as could manufacturers and the technology companies who create, install, and run the self-driving software. If a certain employee is responsible for updating the system, operating it while a truck is traveling, or monitoring the health of the system, he or she could also be a potentially responsible party.

As the number of parties who could be liable increases it could take longer to (a) determine liability and (b) recover compensation. If you are injured in a California truck accident you will probably be counting a settlement or award from the at-fault party sooner rather than later. If we take the driver out of the situation…it could become a finger-pointing game.

An Attorney Will Help You Recover Compensation You Need After a Truck Accident

Self-driving trucks are still in the testing phase and unlikely to hit the streets anytime in the very near future. It appears as though technology is heading in the “self-driving” direction, though, so it may be closer than we think. As for whether accidents will decrease or how liability will be established? Time will. Lawmakers may even pass legislation to help hold trucking and technology companies more accountable for their rigs.

If you or someone you know has been injured in a truck accident contact an attorney in your area. Trucks are still operated by human beings who are fully capable of committing errors and causing accidents.

Wrongful Death

What is Wrongful Death?

In Wrongful Death34 ViewsLeave a comment Sherwin Arzani

In California, a wrongful death occurs when a person dies as the result of another person’s actions or failure to act. Given the complexity of these actions, accident victims often require a wrongful death attorney to recover financially. This article provides a brief overview on wrongful death claims and potential recovery.

Common Causes of Wrongful Death

A wrongful death can result from a number of accidents including, but not limited to:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Negligence
  • Slip and fall accidents
  • Medical malpractice
  • Exposure to toxic chemicals at work, and
  • Criminal activity

Wrongful Death Personal Injury Lawsuits

Families can file a lawsuit against the at-fault party(ies) to recover monetary compensation for the loss of their loved one. A successful wrongful death claim for damages will require the family to prove:

  • A loved one died;
  • The loved one’s death was the result of the negligence or criminal behavior of another person; and
  • The victim and/or family suffered an injury as a result of the death.

In California, Civil Procedure section 377.60 governs wrongful death claims for damages. It provides families of a person who is wrongfully killed as the result of another’s wrongful conduct or neglect to the right to file a claim for damages within two years of the date the accident or death.

The statute of limitations may be extended in certain situations. For example, if medical malpractice is the reason for the wrongful death, the statute of limitations is extended to one year from the date the malpractice is discovered.

Who Can File Wrongful Death Lawsuits?

Generally, family members and/or dependents of an accident victim may file a wrongful death claim for damages. California law provides a hierarchy for family members and dependents who wish to file a claim against the at-fault party(ies).

In California, the following parties may file a wrongful death claim for damages:

  1. Surviving spouse, domestic partner, children, and grandchildren of a victim;
  2. Persons entitled to the victim’s property if there are no surviving spouses, domestic partners, children, or grandchildren;
  3. A putative spouse, the children of a putative spouse,* stepchildren, and parents;
  4. A minor who lived with the victim for 180 days prior to the wrongful death who relied on the victim for at least half of their support.

*A putative spouse is defined as a surviving spouse of a void/voidable marriage who legitimately believed the marriage to be valid. A void/voidable marriage may include a common law marriage in California or a marriage subject to an annulment.

What Damages Can I Recover from a Wrongful Death Lawsuit?

Damages for injuries sustained by the victim and his or her family may be recoverable through a wrongful death lawsuit. Damages for injuries sustained by the victim generally must be sought by the administrator of his or her estate. Damages for injuries sustained by the family may be sought by the family. Generally, damages in a wrongful death personal injury lawsuit may include:

  • Medical expenses incurred before the victim’s death, such as hospital bills, surgery, prescriptions, and ambulance fees;
  • Costs related to the funeral and/or burial of the victim;
  • Reasonably calculated lost future wages; and
  • Loss of consortium.

It is important to note that punitive damages are generally not awarded in California wrongful death cases. However, there is an exception to the rule if the at-fault party is convicted of a felony-murder charge for the death of the victim.

Wrongful Death Damages – Are They Taxable?

Damages awarded in a wrongful death lawsuit may or may not be taxable. The answer depends on the type of damages awarded.

Economic damages – or those awarded for verifiable out-of-pocket expenses– are generally not taxable. The purpose of these damages is to make the family whole again. An exception arises, however, when a family takes itemized tax deductions for medical expenses paid to care for the lost loved one. If an itemized deduction is taken, the amount of the award equal to that deduction will be taxable.

Non-economic damages – or those awarded for harder to calculate injuries – are generally taxable. The purpose of these damages is to account for emotional distress and grief caused by the loss of a loved one.

How Can a Personal Injury Attorney Help With My Wrongful Death Claim For Damages?

The days, weeks, and months after the sudden and unexpected loss of a loved one can be incredibly trying. A personal injury attorney can handle the heavy legal lifting while you and your family grieve and begin to understand life without your family member. Wrongful death lawsuits can be time-consuming and complex.

An experienced personal injury attorney understands the process and steps required to build a substantial and moving case. When you enlist the assistance of a qualified California personal injury attorney they will build a case by:

  • Investigating the accident that resulted in the wrongful death of your loved one;
  • Determining which parties may be liable;
  • Consulting with experts and accident recreationists to highlight the at-fault party’s liability;
  • Locating and interviewing witnesses;
  • Communicating with the opposing party(ies);
  • Negotiating with insurance companies;
  • Researching relevant case law and statutes; and
  • Filing claims and documents with the court in a timely fashion.

The assistance of an experienced California personal injury attorney can be invaluable in a wrongful death law claim for damages. If you have recently lost a loved one in a California accident you should contact an experienced personal injury attorney to learn about your rights and legal options.

Los Angeles motorcycle accident

Los Angeles Motorcycle Accidents

In Motorcycle Accidents87 ViewsLeave a comment Sherwin Arzani

As the number of motorcycle riders goes up in Los Angeles, so do the accidents. The great weather combined with high gas prices and traffic jams makes motorcycles an appealing option for zipping through the 405 and 101 freeways. Despite the appeal, motorcycles remain a dangerous option.

Motorcycle Accidents in Los Angeles By The Numbers

The number of fatal accidents in Los Angeles County is sobering. There were 59% more motorycyclists killed in 2012 than in 2010. According to the California Highway Patrol, there were 3,509 motorcycle involved injuries and 105 fatalities in 2013, and yet the first quarter of 2015 saw an increase in motorcycle sales in L.A. County.

Common Reasons for Motorcycle Accidents

Accidents are often caused by:

  • Speeding, Failing to yield properly,
  • Fiding against the flow of traffic, and
  • Making illegal turns.

California permits lane-splitting – riding between two lanes of traffic – but doing so at high rates of speed often leads to accidents.

Common Motorcycle Accident Injuries

Motorcyclists who are involved in accidents may suffer serious injuries. Common injuries resulting from motorcycle accidents include:

  •      Fractures;
  •      Loss of limb(s);
  •      Whiplash;
  •      Road rash;
  •      Spinal cord injuries;
  •      Traumatic brain injuries;
  •      Concussions; and
  •      Internal organ damage.

These injuries can impose severe financial burdens, often exceeding the amounts an injured rider can cover on their own. If you or someone you know has been injured in a motorcycle accident you may be able to recover compensation for your injuries and losses through a motorcycle accident lawsuit. An experienced California motorcycle accident attorney can explain your legal rights, investigate the details of your accident, and pursue monetary compensation from the at-fault party.

What to Do After A Motorcycle Accident

Get Medical Treatment

If you’ve been involved in a motorcycle accident you should seek medical attention immediately if paramedics have not already been dispatched to the scene. Even if you think you feel fine you should get a medical evaluation to rule out any injuries. Certain injuries – including back problems and head injuries – may not surface until days after the accident. Getting a medical evaluation immediately is important for two reasons.

First, it ensures that you rule out potentially life-threatening injuries and get the medical care you may need. Second, if you choose to pursue a motorcycle accident lawsuit you may need proof of your injuries as evidence. Medical evaluations can be invaluable in a claim for damages.

Report the accident

If you have the ability to do so, call the police immediately after the accident. An officer will be dispatched to the scene of the accident to document the facts, identify the parties involved, and gather statements from any eye-witnesses. The police report will be important in proving your case, should you decide to pursue a claim for damages.

Call an attorney

Can you deal directly with an insurance company? Sure. However, insurance companies aren’t here to hand over as much money as you as for or need. They will work hard to limit the payout you get. The process of recovering compensation can be tiresome, complex, and tough.

Enlisting the assistance of a skilled California motorcycle accident attorney could be the difference between a settlement that barely covers the cost of an ambulance ride to one that covers the costs of medical expenses, pain and suffering, and lost wages. An attorney understands the complicated personal injury laws that may apply to a motorcycle accident case and the tactics insurance companies will employ to minimize payouts. If you are serious about recovering compensation for your injuries resulting from a California motorcycle accident, contact an experienced attorney immediately.

What Can I Recover in a California Motorcycle Accident Lawsuit?

If you’re thinking about filing a lawsuit to recover damages for injuries or losses resulting from a motorcycle accident this may be your first question. The answer depends on the severity of your injuries and losses, the attorney you enlist to lead the case, and the types of damages you ask for. Motorcycle accidents are more likely than other vehicular accidents to cause significant injuries which can rack up medical bills, keep you out of work, or even result in death. You can seek to for compensation to account for these, and other, injuries.

Special Damages

Special, or compensatory, damages are awarded to reimburse a plaintiff for calculable, verifiable expenses that were caused by the motorcycle accident. More simply: if the accident had not occurred you would not have had to pay for certain out of pocket expenses. Compensatory damages may include:

  • Medical bills including hospital stays, surgery, lab tests, rehab or physical therapy, chiropractic care, and prescriptions;
  • Lost wages for time you were unable to work due to the injuries you suffered in the accident;
  • Nursing care if you are permanently disabled and unable to care for yourself; and
  • Property damage to your motorcycle.

General Damages

General damages are awarded for costs that are more subjective, and harder to value. These often include:

  • Pain and suffering;
  • Mental anguish;
  • Loss of consortium or companionship if you are unable to have meaningful relationships with a partner or spouse; and
  • Punitive damages.

Punitive damages are uncommon in California motorcycle accident lawsuits, but are permissible in certain situations. In California, punitive damages may be awarded if the at-fault party is found to be, by a heightened standard of clear and convincing evidence, to be guilty of malice, oppression, or fraud.

Note, punitive damages are generally not available in wrongful death lawsuits in California. A family may only recover punitive damages if their loved one died during the commission of another felony for which the at-fault party was convicted.

When Can I File a Motorcycle Accident Lawsuit?

If you have been injured in a motorcycle accident you have a limited amount of time in which you can file a claim to recover compensation. The timeframe, known as the statute of limitations, is generally two years from the date of the accident (Cal Civ Code § 335.1). However, there are certain circumstances that may alter this time period. The statutes of limitation in special circumstances include:

  • One year from the date you discover an injury caused by your accident;
  • Six months to file an administrative claim against a governmental entity; and
  • Within one year of the date you turn 18 if you were a minor at the time of the accident.

To ensure that you file your claim within the permissible statute of limitations, contact an experienced California motorcycle accident attorney as soon as you can after an injury.

Do I Need a Motorcycle Accident Attorney?

Recovering compensation for injuries and losses resulting from a motorcycle accident can be a complex process. An experienced California motorcycle accident attorney can help to make sure you recover the compensation to which you are entitled from insurance companies and defendants who will fight you every step of the way. Lawyers understand the complexities of the law and the tactics insurance companies typically employ to minimize payouts. If you have been injured in a motorcycle accident, it is to your benefit to have an ally with these legal tools. An attorney can help to navigate the lawsuit process, which includes:

  •  Investigating the Accident. Police reports can be a great first step in investigating an accident. Attorneys understand the details that will make a difference in a lawsuit for damages, and have access to specialists who can recreate accidents, review medical reports, and gather evidence crucial to your recovery.
  •  Determining Liability. If you are in an accident with another driver you may believe that they are the only party that is at-fault. In fact, attorneys know that there are other parties who may be potentially liable for the injuries you face. These can include governmental bodies, insurance companies, employers, and manufacturers. An attorney will investigate the cause of your accident and trace all possible causes and factors.
  •  Fighting the Insurance Company. Insurance companies are not going to open their checkbooks and cover the costs of your injuries. They will likely try to shift some of the blame to you, so it is important to be prepared with evidence supporting your claim. An attorney is a skilled negotiator who understands the tricks insurance companies use to limit what they pay after an accident.

If you or someone you know has been injured in a motorcycle accident, you should call an attorney familiar with Los Angeles motorcycle accidents. An attorney at Citywide Law Group can help you navigate the complexities of a lawsuit and recover compensation for injuries and losses you sustain because of the accident. An attorney is your ally, and will fight to ensure your rights are protected.

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