Personal Injury

Fourth of July celebrations have already begun throughout Northern California. While a patriotic spirit is understandable, citizens must not overlook safety when choosing to use fireworks or other potentially dangerous objects. A U.S. Consumer Product Safety Commission (CPSC) study reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other pyrotechnics. Some common fireworks injuries and hazards include:

• Lacerations
• Burns
• Loss of Limbs
• Wrongful Death
• Residential Fires

Parental supervision is very important if legal fireworks are being used. Do not allow young children to ignite or tamper with fireworks or other gadgets. It is also crucial to never throw or point fireworks at another person. To find out more about how you can help prevent severe injuries related to fireworks this Fourth of July holiday, please refer to the CPSC’s website for consumer fireworks safety tips.

The San Jose personal injury attorneys at Van Der Walde & Associates cannot stress enough the importance of consumer safety during the Independence Day holiday both in California and nationwide. Take every necessary precaution to keep your loved ones safe.

The National Highway Traffic Safety Administration (NHTSA) defines a “large truck” as one that weighs more than 10,000 pounds. An 18-wheeler tractor-trailer can weigh over eight times as much: over 80,000 pounds. Such a rig can weigh 40 times as much as a car. A truck of that size traveling among passenger cars poses an inherent risk to the cars’ drivers and passengers.

Unfortunately, many of those risky trips end badly. According to the NHTSA, approximately 416,000 accidents involving large trucks occurred in the United States in 2004. Those accidents left more than 5,000 people dead and 116,000 people injured. Of the victims, 77% of those who died and 73% of those who were injured were in passenger vehicles.

Truck accident cases in San Jose and throughout Northern California often involve severe injuries and pose unique legal problems and concerns. Anyone involved in a truck accident, along with their loved ones, should immediately seek help from an experienced accident attorney. When an accident occurs, it’s important to have someone on your side who can examine the specific facts of your case and determine whether negligence caused your injuries and who should be held accountable.

If you or a loved one has been injured in a truck accident, don’t hesitate to contact the skilled San Jose truck crash injury attorneys at Van Der Walde & Associates. Our lawyers will examine your case and help you seek damages that may help compensate you for costs associated with your accident. Please call us today at 877-862-6288 for a free consultation.

Source:http://www-nrd.nhtsa.dot.gov/Pubs/810646.PDF

CBS affiliate KION-46, Central Coast News, recently reported that an accident took place on Highway 1 going northbound. The car crash began with two vehicles: one driven by a 25-year-old Prunedale man and the other driven by a 42-year-old woman. The 25-year-old man was taken to Watsonville Community Hospital and then transported to San Jose Regional with major injuries, including two broken legs. The 42-year-old woman was taken to Watsonville Community Hospital with complaints of pain, but no other details about her condition were made available.

Reportedly, the male motorist crossed the double yellow line while traveling at an unknown rate of speed in an attempt to pass the female motorist. As another motorist headed towards the 42-year-old driver, the driver hit the female motorist’s vehicle, causing a chain reaction that affected two more vehicles. According to the report, a Dodge Ram truck struck the male motorist’s vehicle, and an Acura driven by the fourth involved motorist struck the 42-year-old woman.

While investigation into the crash is certainly still taking place, it should be noted that negligent parties deemed responsible for an accident can be held accountable for monetary compensation to be paid out to the accident victims. In the event that an individual is injured in a car accident in Northern California, that individual’s best course of action is to retain the services of an experienced San Jose personal injury attorney who will fight to ensure that the rights of the accident victim are not trampled upon in court of law.

At Van Der Walde & Associates, our skilled Northern California personal injury attorneys will examine the details surrounding your accident, and will hold negligent parties accountable for their actions. We understand how critical it is for you and your family to receive the compensation that you deserve to help pay for expenses brought on by your accident and subsequent injuries. If you have been injured in a San Jose auto accident, please don’t hesitate to contact our offices today at 877-862-6288 for a free case consultation.

Source:http://www.kionrightnow.com/Global/story.asp?S=11496090

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.

An auto accident in Santa Clara that involved multiple vehicles has resulted in a $49 million jury award for a college student who was injured while on his way home from a camping trip. The injury accident took place on State Route 152, better known as the Pacheco Pass. Two trucks collided at or near the center line, and the vehicle that the injured college student was riding in was struck by one of the trucks. After a five week trial, it was determined that the driver of one truck was 60% at fault, the driver of the other truck was 35% at fault, and the state of California was 5% at fault.

The jury awarded the injured college student the multi-million dollar verdict to compensate him for a variety of costs associated with his accident and the resulting brain injury he sustained. That is, $3.4 million was allocated for his past medical expenses, $27.6 million was allocated towards his future medical expenses, $4.5 million was attributed for future lost wages, and another $13.5 million was awarded for general damages. In the end, the rights of the injured were protected, and the student’s future well-being has been at least partially safeguarded.

In all California auto accidents, accountability is attributed to at least one party whose actions are deemed negligent. In the above case, accountability was attributed to multiple parties, with each party being deemed a certain percentage responsible for the accident’s result. In order to ensure that the rights of the injured are not infringed upon in a court of law, all details and circumstances of an accident need to be thoroughly examined to determine exactly where negligent action may have led to injury.

At Van Der Walde & Associates, our experienced Northern California personal injury attorneys understand the many challenges - on a physical, emotional, and financial level - that auto accident victims often have to endure. If you have been injured in a Northern California auto accident, please don’t hesitate to contact our skilled injury attorneys today for a free consultation of your case. We will fight to ensure that you receive the compensation you deserve for your injuries. Call us today at 877-862-6288.

Injuries sustained during car accidents can range from minor scrapes and bruises to life-altering, catastrophic injuries. In 2007, a graduate of San Lorenzo Valley High School lost control of her vehicle, spun into oncoming traffic, and was struck by a pickup truck being driven by a Santa Cruz County worker. The accident resulted in catastrophic injury, and left the young woman a quadriplegic. According to a pressbanner.com article, the family of the Santa Cruz accident victim is seeking to file suit against the county after informal investigation of the circumstances surrounding the accident showed that road conditions may have played a contributing factor in causing the accident.

According to the claim, the safety of the road, including its drainage and current signage, is being labeled as dangerous. Furthermore, the speed of the vehicle being driven by the county worker has also been labeled a factor that may have caused the accident. If in fact these conditions are deemed to have played a role in causing the accident, then the injured party may be able to seek compensatory damages. Such recompense can assist with the costs associated with the accident, namely medical bills and physical therapy fees, if applicable.

Dangerous road conditions are not the fault of motorists. It is the responsibility of local governing authorities to ensure that roads and highways are safe to be traveled on. In the event that dangerous road conditions contribute to a San Jose car accident, the best course of action for an accident victim to take is retaining the services of an experienced Santa Cruz personal injury attorney. At Van Der Walde & Associates, our skilled injury attorneys will seek compensatory damages on your behalf and will hold those responsible for your accident accountable for their actions. Call us today at 877-862-6288 for a free case consultation.

Source:http://www.pressbanner.com/pages/full_story/push?article-Paralyzed+driver+to+sue+county+after+crash%20&id=4453921-Paralyzed+driver+to+sue+county+after+crash&instance=home_most_popular

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

San Francisco’s local CBS affiliate KPIX-TV Channel 5 recently reported that two people were killed in a car crash that took place on U.S. Highway 101 near Watsonville. The driver of the vehicle, a 51-year-old man, and the vehicle’s passenger, a 52-year-old female from Oakland, both died from injuries sustained during the crash. The male victim was pronounced dead at the scene, while the female was airlifted to Regional Medical Center in San Jose for treatment of her injuries, but could not be saved.

Investigation into the cause of the crash is still underway, although police do know that the other vehicle involved crossed the center-line before striking the vehicle driven by the 51-year-old man. While police do not know what caused the other motorist to waver into oncoming traffic, a thorough investigation will undoubtedly reveal how big of a role reckless driving played in this case and to whom the negligence that led to the crash can be attributed to. Reckless driving of any kind greatly increases the probability of an auto accident occurring. Traveling at rates greater than posted speed limits, failing to adhere to traffic signage, and operating a vehicle while under the influence of drugs or alcohol are all actions that can be deemed negligent.

In any auto accident, negligence of some kind often plays a significant, determining factor in causing the accident in the first place. In all San Jose auto accident cases, it is important that the victims or their families retain the services of an experienced San Jose auto accident attorney that will examine the circumstances of the accident to help appropriately attribute negligent action.

At Van Der Walde & Associates, our experienced auto accident lawyers will carefully examine the circumstances surrounding your claim, and will hold negligent parties accountable for their actions, seeking monetary compensation from those parties on your behalf. If you have been injured, please don’t hesitate to contact us today at 877-862-6288 for a free consultation of your case.

Source:http://cbs5.com/local/fatal.watsonville.car.2.1227429.html

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

According to tracypress.com, an auto accident involving a Mercedes-Benz SUV and a small Honda vehicle took the life of a 45-year-old man from Modesto, California. The Modesto man was a passenger in the Honda, which was being driven by his sister. Other passengers in the Honda included the Modesto man’s brother-in-law and nephew. The man’s sister, her husband, and their child were all injured in the crash. They were all taken to a Modesto-area hospital for treatment of injuries that included broken ribs, a punctured lung, and spinal injuries. Reportedly, no one in the SUV was injured.

In order to help cover the costs associated with the accident, the family of the deceased Modesto man has set up a fund to assist those affected by the crash. While such a fund is certainly a good idea, especially given the exorbitant costs associated with medical care and making funeral arrangements, it is not the only recourse to be taken in the event of a traffic accident.

Though investigation into this auto accident in San Joaquin County is still underway, police speculate that the SUV, which was traveling at unsafe speeds, may have been racing another vehicle. Such action is certainly to be deemed reckless and represents a degree of negligence that ultimately led to a loss of life and multiple personal injuries.

According to the report, police hope that evidence gathered at the crash scene combined with a computer simulation of the intersection where the accident occurred will provide them insight into what exactly happened, and will show whether or not the driver of the SUV was at fault for the accident.

In any event, an accident victim will benefit not only from police investigation, but from retaining the services of an experienced auto accident attorney that will help examine the details surrounding the crash to determine where negligent behavior may have contributed towards the crash. If you or a loved one has been injured in an auto accident, don’t hesitate to contact the skilled car accident attorneys at Van Der Walde & Associates. Our knowledgeable lawyers will seek compensatory damages on your behalf that may assist with medical bills, wages lost, and other costs associated with your accident. Please call us today at 877-862-6288 for a free consultation of your auto accident case.

Source:http://www.tracypress.com/pages/full_story/push?article-Police+investigate+fatal+crash-+fund+set+up+for+victims%20&id=3804425-Police+investigate+fatal+crash-+fund+set+up+for+victims&instance=home_news_lead_story