Bicycle Accident

A California bike accident that consisted of three deaths, and has already resulted in millions of dollars being paid out to the victims’ families, has again resulted in monetary compensation awarded to the family of one of the victims. That is, the Associated Press reports that the father of the 30-year-old female victim of the accident will receive $800,000 in compensatory damages from Santa Clara County. The accident (first discussed in our November 4th post entitled “Families of Bike Accident Victims Collect Settlement from Santa Clara County”) occurred when a Santa Clara County deputy fell asleep while behind the wheel of his patrol car.

This settlement comes at the heels of a previous monetary award of $1.2 million to the girl’s mother. The county also previously settled for an amount of $2.3 million with the parents of one of the other victims in the accident. A third lawsuit filed by the family of the third victim is still pending, although if previous settlement amounts are any indication, the victim’s family should receive a significant settlement as well.
This case is emblematic of the accountability that must be accepted by a negligent party that is deemed to have somehow contributed towards causing an accident. In all cases of personal injury, accident victims have the right to seek compensatory damages from individuals that may have played a role in causing their injuries. Regardless of the circumstances, the best course of action an accident victim can take is retaining the services of an experienced personal injury attorney that will fight to ensure that the victim’s rights are not infringed upon in a court of law.

At Van Der Walde & Associates, our skilled Northern California personal injury lawyers will hold negligent parties accountable for their actions. If you have been injured in a bike, pedestrian, auto, or any other type of accident, please don’t hesitate to contact our San Jose personal injury attorneys today for more information. Call us today at 877-862-6288 for a free evaluation of your case.

According to The San Francisco Chronicle, a reckless driving act known as a “sideshow” has resulted in the deaths of three young adults and injured three others. Reportedly, a total of five people were in the Nissan Altima that veered into oncoming traffic, struck a parked vehicle, and overturned onto the sidewalk before coming to a stop. Three of the five, a 22-year-old, 19-year-old, and 21-year-old, were killed in the auto accident in Alameda County. The two other vehicle occupants, along with a pedestrian, were injured in the crash and hospitalized with serious injuries. Updates on the conditions of the three injured individuals were not included in the report.

According to residents of the area where the accident took place, the dangerous vehicular activity puts all nearby residents and their property in grave danger. Whether the sideshow consists of “ghost riding the whip “ (a practice in which an individual vacates his or her vehicle while it is placed in neutral and traveling at slow speeds and dances around it or on top of it) or a “hyphy-train” (a practice in which a caravan of cars synchronize their driving patterns in what is similar to a conga line), such vehicular behavior represents an utter abandonment of traffic safety laws and greatly increases the probability that an individual is going to be killed or be subjected to severe physical injury. Victims of such reckless abandon should consult a personal injury lawyer that will hold individuals responsible for putting on sideshows accountable for their actions and responsible for damages that result from such foolish behavior.

If you have been involved in any type of vehicular accident, it is important to remember that you have rights. At Van Der Walde & Associates, our experienced traffic accident attorneys will examine the circumstances surrounding your accident, and will hold responsible for the accident accountable in a court of law. If you have sustained injury or lost a loved one as the result of another person’s reckless driving behavior, please don’t hesitate to contact our Northern California personal injury lawyers at 877-862-6288 for a free evaluation of your case.

Source:http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/18/BA751A77S7.DTL&type=newsbayarea

An article in San Jose’s Mercury News talks about the $1.2 million settlement that the family of a killed bicyclist received from Santa Clara County. The male bicyclist was killed in an accident involving a police patrol car that was being driven by a sheriff’s deputy that fell asleep at the wheel while driving. The deputy also hit two other male bicyclists during the Cupertino accident that occurred in March of 2008. Santa Clara County previously settled with another one of the other victims for a total of $2.3 million. The third victim recovered from his injuries, and any sort of settlement received by him was not disclosed in the article.

The parents of 30-year-old and 29-year-old bicyclists that were killed filed suit on behalf of their sons, and were awarded compensatory damages on their behalf. While the sheriff’s deputy certainly did not mean to fall asleep at the wheel, he was found negligent in causing the accident. Because there was no intent to commit harm to the bicyclist, the officer pled guilty to misdemeanor vehicular manslaughter, and was sentenced to four months of house arrest and an undisclosed amount of public service.

Ultimately, the settlements amount can be considered indicative of the sheriff’s department admitting that wrong-doing on the part of one of their officers took place. As with all vehicular accidents, negligent action can typically be attributed to one or more parties, and such action can hold those individuals responsible for the behavior that caused the accident. Regardless of the situation, it is always important to retain the services of a skilled personal injury lawyer that will examine the details surrounding your accident to ensure that your rights are upheld and those responsible for your accident are deemed as such in a court of law.

If you have recently been in a bicycle accident or any other type of personal injury accident, chances are that negligent behavior played a definite role in causing you injury. At Van Der Walde & Associates, our experienced Santa Clara County bike accident attorneys will seek compensatory damages on your behalf, and will hold the negligent accountable for their actions. If you have been injured, please don’t hesitate to contact us today at 877-862-6288 for a free evaluation of your personal injury case.

Source:http://www.mercurynews.com/news/ci_13519726

The Mercury News recently ran an article discussing the search for the family of a 67-year-old bicyclist that was struck and killed in Watsonville.  Police believe the male victim to be a transient, and are still attempting to identify him so that next-of-kin can be notified of his accident.  The bicyclist reportedly veered in front of the white Mercedes automobile that struck him, was airlifted to Regional Medical Center in San Jose, and later succumbed to head trauma and other injuries the night of the accident.

In this particular case, although the driver of the vehicle did flee the scene of the crash, it does appear as though the driver was responsible for causing the accident. According to the report, police suspect that the bicyclist may have lost control as he veered into the car’s path. Police have tested the motorist’s blood alcohol concentration, and are awaiting the results before pursuing any sort of charges against the motorist.

When automobiles collide with bicyclists, the result is almost always dismal for the bicyclist. In cases where driver negligence is to blame, victims of bicycle accidents have the right to seek compensatory damages from negligent motorists. This monetary compensation is often awarded to an accident victim to help cover the costs associated with the accident, such as medical bills, physical therapy fees, and even property damage.  In the event that an accident victim perishes during the accident, then the family of an accident victim may seek damages on the victim’s behalf, holding reckless drivers accountable for their actions in a court of law.

In you have recently been injured in a bicycle accident in the Santa Cruz area, don’t hesitate to contact an experienced Santa Cruz bicycle accident attorney to ensure that your rights are protected in a court of law.  At Van Der Walde & Associates, our skilled personal injury lawyers will examine the details of your bicycle or auto accident to determine if negligence played any sort of factor, and will hold all negligent parties accountable for their actions.  Please call us today at 877-862-6288 for a free case evaluation.

Source Article: http://www.mercurynews.com/centralcoast/ci_13269892

The San Francisco Chronicle recently reported in an article that a $2.3 million settlement was awarded to the parents of a bicyclist who was struck and killed by a sheriff’s deputy.  Parents of the 29-year-old victim filed the claim against a Deputy Council member who reportedly fell asleep at the wheel of his cruiser before striking the decedent and two others. The wrongful-death lawsuit was filed in Superior Court against Council, Santa Clara County, and the sheriff’s department.

Council’s cruiser crossed the center line after he fell asleep at the wheel on March 9, 2008. The bicycle accident in Cupertino, which occurred on Stevens Canyon Road, took the lives of two and seriously injured another. Lead deputy county counsel said that the county was “pleased that [it] was able to reach a resolution with the family.” Other lawsuits filed against the county and Council by the other parties are still pending, but county officials, according to the lead deputy, “hope to be able to resolve those matters in the near future.”

Council pled guilty to two counts of misdemeanor criminal manslaughter and was sentenced to four months in jail and 800 hours of community service. At the time of the accident, Council did not have drugs or alcohol in his system, and had not been driving recklessly prior to falling asleep.

Unfortunately, accidents can be caused even by those who are meant to serve and protect us. In the event of negligence of any kind that results in injury or death, experienced legal counsel is a necessity. The Northern California wrongful death attorneys at Van Der Walde & Associates offer free consultations of cases, and will exhaust all possible resources to ensure that you receive the closure and compensation that you deserve to help deal with the stress and heartache that personal injury can bring about. Please don’t hesitate to contact us today.