Personal Injury Legal Blog

California-based tire manufacturer Toyo Tires U.S.A. Corp. has recently issued a recall of 68,763 Toyo Extensa A/S tires due to a flaw within the products that could lead to a serious accident. The announcement was made in conjunction with the U.S. National Highway Traffic Safety Administration (NHTSA) to notify consumers of the recall and the potential dangers of the product.

According to the NHTSA, the tires in question were produced from September 20, 2009 through November 6, 2010. An unknown number of the tires may feature a kink in the bead area, which, under certain circumstances, such as overloading or underinflation, may cause the tire to develop a crack. If this crack continues to develop and is undetected by consumers, the tire may fail and lead to an auto accident.

Owners of the defective tires will be notified by Toyo and can have their tires replace without charge by dealers beginning on February 2. While the manufacturer will notify consumers directly, owners can also check their own tires to see if they fall into the category. The recalled tires can be identified by their Tire Identification Number (TIN), which has the last four digits stamped onto the tire’s sidewall. Affected tires range from TIN numbers 73A6H2N3809 through 73A6H2N4410. If unable to determine whether the tire is part of the recall, consumers can visit a Toyo Tires dealer for a free inspection.

Any type of defective auto part can cause a serious and even fatal car accident due to the failure of the part. Anyone who has been in an accident due to such defects can find help from a Northern California auto product liability attorney at Van Der Walde & Associates. Our experienced legal team is dedicated to aiding consumers injured by defects and winning the compensation they need to recover from their losses. Call (877) 862–6288 today for a free consultation on your case by our legal team.

While all worksites feature possible hazards, it is widely viewed that construction sites and related workplaces feature the greatest number of hazards and a much higher possibility for catastrophic and fatal injuries. Due to the presence of heavy machinery, and precarious situations that employees must work in, construction workers can be injured in a number of ways.

As such, it is important to be aware of the hazards present in construction sites and the injuries that may result, which can include:

• Fall Accidents: Construction workers are often called to work at great heights that are often not completely stable. Falls can result in devastating injuries or death if from high enough.

• Structure Collapse: Although construction crews are obligated to build structures safely and responsibly, mistakes may still happen. When these are great enough, entire structures may collapse, injuring anyone nearby.
• Falling Debris: With employees working on multiple levels at once, mistakes may cause tools and various debris to fall onto workers below, likely causing injuries.
• Crane Accidents: Cranes are large, heavy pieces of equipment that move many heavy items. If the items being lifted or the crane itself falls, anyone underneath can easily suffer fatal injuries.
• Chemical Exposure: Many sites work with chemical or other hazardous materials that can cause illness in those exposed without proper safety equipment.
• Vehicle Accidents: Truck, forklifts, and other construction vehicles cross construction sites throughout the day. If improperly controlled or malfunctioning, those in it or around it can suffer injuries as a consequence.
• Tool Malfunction Accidents: Construction workers depend on their tools for reliable service and proper function. However, when these tools suffer disrepair or some form of malfunction, they can cause catastrophic injuries to unsuspecting workers.

Construction workers understand the risks of their work, but the injuries they suffer can still be eligible for injury compensation. If you have been injured in such an accident, contact the Santa Cruz construction accident lawyers at Van Der Walde & Associates at (877) 862-6288.

While holidays such as New Year’s Eve and the Fourth of July are well known for an increase in drunk driving incidents, the U.S. National Highway Traffic Safety Administration (NHTSA) has begun highlighting another time of increased drinking and driving: the Super Bowl. Due to the amount of parties and bar visits both during the National Football League’s (NFL) playoffs and the championship game itself, there is a much greater likelihood that partygoers will choose to overindulge and drive.

As such, the NHTSA’s Super Bowl Impaired Driving Prevention Campaign will run from January 2 through February 6 and is bringing awareness to the fact that many will choose to drink and drive, and stresses that “Super Bowl fans don’t let fans drive drunk.” According to the NHTSA, there were 10,228 people killed in fatal auto accidents that involved at least one legally drunk driver during 2010. To prevent drunk driving accidents during the football playoff season, the NHTSA recommends:

• Choosing a responsible designated driver before beginning a party and rewarding him or her with payment for gas, a good seat to see the game, and first pass at the food;
• Serving plenty of food to lessen the effects of alcohol;
• Offering a wide range of non-alcoholic drinks, as well;
• Regulating alcohol serving and determine if drinks will be cut off at a certain point; and
• Preparing for calling cab companies or having guests stay the night if needed.

Even when football fans and drivers in general choose to not drive drunk, they are still at risk of being injured by those who choose to do so. Van Der Walde & Associate’s Northern California DUI injury lawyers are committed to finding justice and compensation for those injured by drunk drivers. If you have been injured in such an accident, contact us today at (877) 862-6288.

New Jersey-based manufacturers Johnson & Johnson have once again come under the scrutiny of the Food and Drug Administration (FDA), this time for defective insulin pumps made by their Animas Corp. unit. However, the product defects are not the only problems to come to light. The FDA has also found that J&J delayed reporting two cases of injury due to the insulin pumps and never reported another, according to the Associated Press.

The three injuries left patients hospitalized for dangerously high blood sugar which resulted in respiratory failure and coma as their insulin pumps had failed to inject them with insulin in order to protect them from the effects of their diabetes while they ate. When a person suffers from diabetes, they lack the proper amount of insulin, which helps break down the sugars in their bloodstream and protects them from adverse effects. As such, medications such as insulin pumps help keep diabetic patients from building up too much blood sugar and being injured.

When a consumer is injured by a product, manufacturers are required to report the incident to the FDA within 30 days. J&J claimed that the injuries resulted from user error; however, the FDA is currently investigating the reasons behind the failure to report. In addition, the FDA is investigating J&J’s Animas Corp. for inadequately responding to the agency’s August inspection, which found problems with the keypads featured on some of the company’s insulin pumps.

Johnson and Johnson has come under great scrutiny in the past year for several recalled products, such as hip replacements, and a campaign against toxic chemicals in baby products.

Manufacturers are not only morally obligated to create safe products in the U.S., but are legally required to make sure their products do not harm consumers. A San Jose dangerous product injury lawyer at Van Der Walde & Associates can help you win the compensation you deserve for you losses. Call us today at (877) 862-6288.

Today, one lane of northbound Highway 101 south was closed this morning after a severe big rig accident occurred yesterday afternoon on January 12. A San Luis Obispo Tribune story states that the truck driver died as a result of the accident and three others, a woman, an infant, and a young child, were injured.

Based on a California Highway Patrol (CHP) report, the collision took place slightly south of Buellton and approximately 25 miles south of Santa Maria when the big rig rear-ended the BMW sedan carrying the woman and children. As a consequence, the BMW struck the center railing of a bridge and the big rig plummeted almost 100 feet into the creek bed and caught on fire. The occupants of the car were taken by helicopter to a local hospital.

As this tragic accident demonstrates, large commercial trucking accidents are capable of causing serious injury and death. Sadly, many of these truck crashes are preventable. Some of the main causes of truck accidents include: driver fatigue, distracted driving, driving under the influence of alcohol or drugs, speeding, and other forms of negligent and reckless behavior.

As California big rig accident lawyers, the legal team at Van Der Walde & Associates is familiar with the serious financial, physical, and psychological consequences of truck crashes. With thorough knowledge and extensive experience, our attorneys work meticulously to protect the rights of our clients and hold negligent parties liable. To find out more about how we can help you obtain compensation for medical expenses, pain and suffering, lost earnings, and other damages, call (877) 862-6288 today for a no-cost consultation.

The Santa Cruz Police Department has disclosed the total number of vehicle accidents that resulted in injuries last year, with a total of 222 collisions occurring during the course of 2011, according to The San Jose Mercury News. The total number is an increase from both 2010, which had 205 injury accidents, and 2009, which saw 212.

While the specifics of the crashes that comprise the number were not reported, Santa Cruz Police stated that the accidents include incidents that resulted in both minor and major injuries and involved collisions with vehicles, pedestrians, and bicyclists. Car crash injury statistics such as this show that while Santa Cruz is not subject to an overwhelming number of vehicle accidents every year, there are still many that occur and affect the lives of those involved.

According to the California Highway Patrol (CHP), motor vehicle collisions that result in injuries declined every year from 2002 to 2009 in California, beginning at 205,478 in 2002 and ending at 163,524 in 2009. In addition, California fatal vehicle crashes have been on the decline, although not as rapidly as injury accidents. However, all drivers should continually drive with caution and be on the lookout for potential dangers on the road. Auto accidents are not only caused by negligent car and truck drivers, but by dangerous road conditions, hazardous weather, defective auto parts, and many other factors.

An auto accident can easily result in devastating injuries for victims, altering their lives in the span of only a few moments. Van Der Walde & Associates’ Santa Cruz car accident lawyers are dedicated to helping car crash victim’s win full compensation from those responsible for their injuries. For a complimentary consultation on your case by our experienced legal team, call our offices today at (877) 862-6288.

A collision between a San Francisco Municipal Railway light-rail vehicle and a police car resulted in the hospitalization of four people on the morning of December 30. The accident occurred at the intersection of Third Street and 22nd Street when the streetcar struck the police vehicle’s driver’s side while travelling north on the T-Third line, according to The San Jose Mercury News.

The collision occurred around 5:45 am and resulted in the T-Third line being shut down for around two hours as the intersection was closed for investigation and repairs for a traffic signal damaged in the crash. The accident injured the two officers who were in the police vehicle, the driver of the light rail vehicle, and a female passenger onboard the vehicle. The officers were taken to San Francisco General Hospital while the driver and passenger were transported to California Pacific Medical Center’s St. Luke campus. None of the injuries were considered life-threatening.

While mass transit vehicles, such as trolleys, are rarely involved in accidents, such occurrences typically result in severe injuries for those affected. Mass transit vehicles often lack restraint systems and some vehicles feature a more open design which puts passengers at risk for ejection of being struck directly by another vehicle.

Like all vehicle accidents, mass transit crashes can result in both severe and life-threatening injuries to everyone involved. If you or a loved one has been injured in such an accident due to the negligence or recklessness of another party, the skilled San Mateo mass transit accident attorneys at Van Der Walde & Associates can aid you in finding compensation from those responsible. For a free consultation on your case, call our offices today at (877) 862-6288.

In the human body, the spinal cord plays a vital role in the functions of body parts and their interactions with the brain.

The spinal cord relays messages and commands between the brain and the rest of the body within an instant, allowing a person to not only control his or her movement, but react without even thinking in many cases. Because of its vital role in the functioning of the body, spinal cord damage causes severe problems when it occurs.

There are two important factors in spinal cord damage: the location of the trauma and whether it is considered complete or incomplete.

Anything located below the area of spinal cord damage will be affected, with damage higher in the spinal cord affecting a greater amount of the body; however, the degree of damage dictates how much body function will be disrupted by the injury.

Incomplete Spinal Cord Damage

An incomplete spinal cord injury can cause varying degrees of loss of function in the areas related to the position of the injury to the spinal cord. Often, incomplete injuries can cause pain, numbness, and loss of sensation in the affected body part or parts. Such injuries can also interfere with motor control and uncontrollable, weak, and/or unresponsive muscles. Depending on the location of an injury, a victim can also have breathing difficulties, loss of bowel and bladder control, and various other changes in the body. Incomplete spinal cord damage is possible to recover from, but can take years of rehabilitation and leave life-long effects on a victim’s bodily functions.

Complete Spinal Cord Damage

When a victim suffers a complete spinal cord injury, he or she loses all function below the injured area. Victims are almost always unable to recover at all from a complete injury, with functions forever lost due to the location and effect of the injury. The higher in the spine that the injury is, the more bodily functions completely lost by a complete injury.

All spinal cord injuries, no matter how severe or how disabling, are serious injuries that permanently alter a person’s life. If you or a loved one has suffered such an injury due to another’s negligence or recklessness, you may be entitled to receive compensation for your losses. The Santa Cruz spinal cord injury attorneys at Van Der Walde & Associates can help you in your search for compensation from the responsible party. For more information, call (877) 862-6288.

Police in Northern California and across the country have been focused on detecting and arresting drunk drivers during the holiday season this year, and so far police have arrested 243 throughout Santa Clara County, according to The Gilroy Dispatch. The drunk driving crackdown has been in effect throughout the second half of December and will continue through New Year’s Day.

Records for holiday DUI arrests have shown that, so far, police have arrested dozens less than they did last year, even though patrols have increased when compared to 2010. While DUI patrols have been increased since December 16, the greatest increases are on the days surrounding Christmas and New Years. Police fear that since both holidays occur on weekends this year, DUI incidents may see a dramatic increase compared to the rest of the month.

Holiday drunk driving crackdowns have become commonplace over the last several years and are not limited to end of the year celebrations. This year alone, Santa Clara Police arrested 141 during Fourth of July weekend, 133 in the days surrounding Memorial Day, and 439 during the half-month end of summer DUI campaign.

Although DUI checkpoints and patrols help to prevent many drunk driving-related accidents from occurring every year, they cannot stop them all. Those who choose to drink and drive put others at risk because of their negligent and reckless behavior, with many auto accidents caused by drunk driving resulting in severe injuries and even death.

If you or a loved one has been injured by the actions a drunk driver, the Santa Cruz drunk driving victim attorneys at Van Der Walde & Associates can help you seek the compensation you deserve for your injuries and losses. Contact us today for a free consultation on your case by calling (877) 862-6288.

Buses are one of the many options that people have for mass transit both in California and across the United States that make it easier for people to go about their day-to-day work and personal lives; however, buses present dangers that, while not often occurring, can be incredibly devastating in the event of a crash.

Consider the unique features of a bus that separate it from most other vehicles on the road. Each of these presents its own dangers that can result in severe injuries in the event of an accident.

• Lack of seat belts – As buses do not have seat belts, passengers are not restrained in their seats and can be thrown across a bus and into objects, such as steel poles, in the event of a crash.
• Tall frame – A bus has a very tall frame, with some, such as double-decker buses, reaching the height of a tractor trailer. As such buses may tip and rollover if hit in a certain way during a crash. Rollover accidents can result in much greater injuries than a normal accident.
• Large amount of weight – Buses are heavy vehicles, which can make them into deadly objects in the event of a crash. For pedestrians and other cars on the road, being hit by a bus can result in devastating and deadly injuries.
• Large number of passengers – Buses are meant to carry dozens of people at once in order to work well in mass transit. However, this also results in a greater number of people being subjected to a vehicle accident, increasing the likelihood that such a crash will end in injuries. When applied to a school bus accident, the likelihood of child injuries becomes even greater.

Bus accidents are less common than typical motor vehicle crashes, but when such an accident occurs, the results are often catastrophic. When such an accident is caused by the negligent actions of a bus driver, bus company, or another driver, those injured have the right to seek compensation for their injuries. The San Jose bus accident lawyers at Van Der Walde & Associates are dedicated to finding compensation for the injured clients they serve. To contact our offices for a consultation on your case, call (877) 862-6288.