California Personal Injury Lawyers Blog

When Bullets Fall From the Sky: Negligent Los Angeles Injury

January 1, 2018 | by Robert Walch

There were more than fireworks falling from the sky in one South Los Angeles neighborhood on New Year’s Eve. ABC 7 News reported that amid the celebrations that night, a gunman fired a shot into the air, and the falling bullet struck nine-year-old Christopher Montoya. While Montoya is expected to make a full recovery, the individual who shot the gun is liable for causing his injuries, even if that person was not aiming at Montoya, or never even intended to hit him, or anyone else. Although this may seem like a “freak accident,” the individual shooter can still be liable for the injuries and damages he caused under the legal doctrine of negligence. Montoya can file a personal injury suit against the shooter, based on the shooter’s negligence.

Negligence:

Simply put, the doctrine of negligence means that we as humans, have a duty not to take actions that could hurt other humans. If we do take actions that cause harm, we are liable for that harm we caused, even if it was unintentional.

$3M Personal Injury Award for Los Angeles High-schooler Molested by her Teacher

December 15, 2017 | by Robert Walch

On December 14, 2017, a teenage girl, who was molested by her Los Altos High School teacher over three years ago, finally got some closure. U.S. News reported that a California jury awarded her “nearly $3 million in damages” in her personal injury lawsuit. The teen filed a personal injury suit because, as a result of the molestation, she now suffers from depression and post-traumatic stress. U.S. News stated that the suit named as defendants both her teacher, David Park, who had served time in prison for the criminal charges, as well as the Hacienda La Puente Unified School District, located just east of Los Angeles. The school district commented that “the verdict mostly blames Park but serves as a reminder that it must be vigilant in protecting students.” While certainly nothing can take away what this young girl experienced, she now can move forward with both closure and some form of compensation.

In this case, the young girl brought this personal injury claim not only against her abuser, Mr. Park, but also the school district. Legally, both can be held liable for the harm that befell the young girl. While Mr. Park’s fault is obvious, the Hacienda La Puente Unified School District can also be named as a defendant in the case because they not only have responsibility over the teacher who is an employee of the district, but the District also has a responsibility to protect their students from harm. There is also an economic benefit for naming the school district—they have more money to provide compensation for the student’s injuries.

Torrance Five Car Accident Investigated as Hit-and-Run Collision

November 20, 2017 | by Robert Walch

The Intersection of Del Amo and Hawthorne boulevards in Torrance, California was the scene of a significant car accident. According to Eyewitness News, five cars were involved in a hit-and-run crash in the area of this intersection. It occurred in the mid-morning hours on Tuesday the 14th of November. One individual died at the scene of the automobile accident while another person was rushed to the hospital with severe injuries resulting from the crash. The accident was major enough to cause the intersection of these two roads to be shut down while police investigate.

While the actual cause of the wreck is still being determined by an investigation by the police, sources have confirmed that the investigation is looking at this accident as a collision caused by a hit-and-run driver. There are currently two people in custody following this crash, and more information should be released as investigators continue to connect the dots. The hit and run driver potentially faces criminal charges as well as a Torrance wrongful death claim.

Fault and Hit-and-Run Accidents

Tragic Carson Car Accident Takes Lives of Two Brothers

November 15, 2017 | by Robert Walch

A late night accident around Avalon and Del Amo boulevards, in Carson, California, has resulted in the deaths of three people. Around 2:20 a.m., after leaving basketball practice, two brothers were killed in the car crash in Carson, along with the driver of the other vehicle. The car that the brothers had been riding in was t-boned by the other vehicle. The other driver has not yet been identified, but the two young men have been identified.

LAPD Officer Kenneth Baxter was the proud father of the brothers, Christopher and Jonathan Baxter, that were tragically killed in the crash. Officer Baxter was returning home after his graveyard shift when he was informed of the death of his two boys. According to the City News Service, “Baxter and his sons all attended Verbum Dei High School in Watts, Christopher graduating in 2010 and Jonathan in 2012. The officer said his sons were so close that he didn’t think one would have wanted to go on without the other.”

Expenses After An Accident

Cars do not come out of nowhere

November 13, 2017 | by Robert Walch

People contact our office just about every day regarding a Los Angeles car accident that they were involved in. Frequently, we hear them say something like, “I was making a turn and the other car came out of nowhere and hit me.” Or they might say, “I was stopped at a stop sign, then when I was proceeding through the intersection, I was struck by a car that came out of nowhere.”

Cars do not come out of nowhere and every accident has at least one cause, other than a car coming out of nowhere. Typically, if a person says a car came out of nowhere, that person was not paying enough attention to his or her surroundings. If you are stopped at a stop sign, it is very important that you look in all directions before entering the intersection. You need to look for vehicles, as well as pedestrians and bicyclists who may be crossing in front of you. If you look in all directions before entering and nobody is coming, then it should be safe to enter the intersection. Continue Reading

Woman Dies in Tragic Santa Clarita Accident

November 6, 2017 | by Robert Walch

On Saturday, a woman was killed when her vehicle was rear ended by a truck. The Santa Clarita truck accident occurred at about 5:08pm, when the truck slammed into the rear of the woman’s vehicle, pushing her vehicle into a bus. One passenger on the bus was also injured in the Santa Clarita accident.

According to the Daily News, the woman who died was named Marie Davis. She was 67 years old and lived in Canyon Country, California. Unfortunately, Ms. Davis’ smaller car posed no match for the much bigger truck, which was also pulling a trailer at the time of the wrongful death accident. There does not appear to be any suggestion that the driver of the bus contributed to causing this collision, but this is something that should be examined.

As of now, it has not yet been reported what caused the truck to rear end the vehicle. Oftentimes rear end accidents like this happen due to inattention by a driver, sometimes because of texting or other distractions. When the driver sees that vehicles have stopped up ahead, it can just be too late to stop in time. Here, the truck would require more time to stop because of the trailer hitched to the back. The driver may not have been taking that into account.

Riverside Car Accident Kills Las Vegas Shooting Survivors

October 30, 2017 | by Robert Walch

Sadly, a married couple from Murietta died on October 16, 2017, when they were involved in a car accident in Riverside, California. According to the Los Angeles Times, Dennis Carver was driving a 2010 Mercedes when he went off the roadway and crashed, killing himself and his passenger, his wife Lorraine.

Dennis and Lorraine were at the Route 91 Harvest country music festival in Las Vegas when a shooter fired at the festival from the Mandalay Bay Resort and Casino. In that tragic incident, 58 people were killed. The deceased couple leaves behind a 16 year old daughter.

What Happens After An Accident?

October 23, 2017 | by Robert Walch

Your day has just gotten worse. You were involved in a car accident in California. What do you do now? Knowing the steps to take after an accident can not only help you in the moment but can also help your financial recovery down the line. An accident could make you feel shaky, nervous, and even sick to your stomach, even if you were not injured. These steps will help you:

● Get to safety. The first thing that you should consider is getting someplace safe. This means moving you and your car out of harm’s way if possible. If you cannot move your car, you will want to draw attention to your vehicle by putting on your hazards and even properly using road flares if you have them.

California’s Basic Speed Law

October 14, 2017 | by Robert Walch

In early October, a teenage girl was hit in an intersection in Imperial Beach, California, while riding her bike. A white car entered the intersection of Elm Avenue and 9th Street striking the girl on her bike, causing this California bike accident. This intersection in Imperial Beach is a rather busy intersection, and residents believe that something more needs to be done to prevent future incidents like this from happening in the future.

Thankfully, the teen was taken to the hospital and is expected to be okay. The problem is that residents of the community say that this is going to continue until the city steps up to do something to protect people at this intersection.

Teen Driver Involved in Long Beach Fatal Crash

October 5, 2017 | by Robert Walch

On Wednesday, September 20, 2017, a man was involved in a fatal crash after a teen lost control of his car. The teen had allegedly been driving at high speeds and weaving in and out of traffic before the Long Beach wrongful death occurred along Pacific Coast Highway.

According to the OC Register, the 17-year-old had been driving a 2006 Mitsubishi Eclipse by the intersection of PCH and Studebaker Road in the afternoon, and swerved to get around a turning vehicle rather than stopping. This caused his car to go into the eastbound lane hitting the 58-year-old driver’s 2016 Toyota Corolla that was going to turn right on PCH.