Wrongful Death

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.

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

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

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

San Francisco’s local ABC affiliate KGO-TV recently reported that a woman and her 20-month-old child were involved in a fatal crash that occurred during a police pursuit in Oakland.  The woman’s black Hyundai Accent was struck by the suspect’s Acura Integra after the suspect ran through an intersection, failing to yield to a stop sign.  The woman sustained major injuries, and was later pronounced dead at a local hospital.  Her child was critically injured, underwent surgery at the hospital, and is recovering.

In this tragedy, traffic rules were disregarded, and the end result was wrongful death and serious injury.  However, another issue has also come into consideration in the wake of the tragedy.  That is, it is being investigated as to whether or not protocol was properly followed during the pursuit, particularly whether officers followed police pursuit policy guidelines established by the Oakland Police Department.  While it was argued that the whole accident could have been avoided had the suspect simply pulled his vehicle to the side of the road as instructed to do so by law enforcement officials, it also needs to be questioned as to whether or not police action could have prevented this incident from escalating into the tragedy that it did.  In any event, the rules of the road are critical in ensuring motorist safety.  Disregard for those rules can be characterized as nothing more than negligence and disregard for the safety of others.

If you or a loved one has recently been involved in a San Francisco auto accident, please don’t hesitate to contact the skilled San Francisco auto accident lawyers at Van Der Walde & Associates. Accident victims have valid rights, and all circumstances surrounding an accident need to be taken into close consideration in order to determine exactly who was at fault for creating the accident in the first place.  We will help you hold negligible parties accountable for their actions, and see to it that your rights are not infringed upon.  Please contact us today for a free consultation at 877-862-6288.

Source Article:http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=6985162

According to The Mercury News, a pickup truck and a commuter train struck each other while the train was on its way to the Manteca station.  The pickup truck was on the tracks as the train approached.  The train was traveling at 72 mph, a full 7mph slower than the posted speed of 79 mph for trains in that area.  The truck driver was killed.  No passengers on the commuter train were injured.

Investigation into the matter has not concluded as to why the pickup truck was stopped on the tracks.  According to investigators, the guard arms positioned near the accident site appeared to be functioning properly.  However, if the guard arms were in fact operating as they should, then the question of how the pickup truck was able to navigate around them comes into play.  All intersections that cross with railroad tracks need to be closely examined to ensure that all possible safety measures have been put into place, including those safety measures that serve to prevent motorists from entering into the path of oncoming trains.

While it has not yet been determined whether or not the driver intentionally left his vehicle parked on the tracks as he awaited a train, investigation into the matter will undoubtedly determine the most likely cause of this deadly crash.  Once that cause is determined, it may reveal that negligence played some sort of role in the accident, and that negligence will have to be attributed to one party or another.  In any event, accidents of all kinds need to be carefully scrutinized to determine why they occurred in the first place, and a skilled Northern California personal injury attorney should be the first resource you seek assistance from.

If you or a loved one has recently been involved in a traffic accident in Northern California, please don’t hesitate to contact the experienced San Jose auto accident lawyers at Van Der Walde & Associates. Our knowledgeable attorneys will examine the details surrounding your accident, will hold those negligible parties accountable for their actions, and will seek monetary damages on your behalf that can be used to help cover the costs associated with your accident, such as medical bills, physical therapy fees, and even lost wages.  Please contact us today for a free consultation at 877-862-6288.

Source Article:http://www.mercurynews.com/ci_12923050

The Mercury News recently reported in an article that a San Jose resident was struck and killed while crossing the street north of Downtown San Jose. The 51-year-old, whose name was not revealed, was struck between Hedding Street and Mission Avenue while crossing First Street. The man was taken to a local hospital after the pedestrian accident in San Jose, but medical personnel were unable to save him.

The man was struck by a white 2008 BMW, according to a Sergeant. The BMW was driven by a 33-year-old, San Jose woman. The woman was not determined to be under the influence of any substance, nor did she flee the scene of the accident. She has not been charged with a crime as of yet.

San Jose police report that this incident is the ninth involving pedestrian death in vehicle-related collisions in the city of San Jose in 2009. Though negligence may not have played as much of a role in this man’s death as it has in other pedestrian related deaths, negligence is still one of the leading causes for pedestrian injury in vehicle-related accidents.

If you or a loved one has recently been involved in a vehicle-pedestrian accident, please don’t hesitate to contact the personal injury attorneys at Van Der Walde & Associates. Our knowledgeable lawyers will examine the details surrounding your accident, and will hold those responsible for their actions. Please contact a skilled San Jose pedestrian accident attorney today for a free consultation, and we’ll help restore the order that your accident took away.

The Mercury News recently reported in an article that a man being killed by a Caltrain just south of the Blossom Hill station in San Jose. A 63 year-old man of San Jose was struck and killed by a Caltrain.  Though initial reports believed the death to be the result of suicide, it has been determined that suicide is an unlikely cause. The official cause has still not been determined.

Investigators believe that the man may have been attempting to take a short cut across the tracks. The wrongful death accident in San Jose, which occurred under the Highway 85 overpass near Great Oaks Boulevard, marks the eighth fatality this year attributed to a Caltrain. In 2008, there were a total of 16 deaths attributed to Caltrain.

The question is raised as to whether or not this accident could have been avoided. The patrol of train tracks, particularly those areas that are more prone to short-cut-taking by pedestrians, is an issue that needs to be addressed because the number of deaths does not seem to be at all dissipating. Whether or not negligence on the part of Caltrain played a factor is yet to be determined.

However, in the event that negligence does lead to personal injury of any kind, then it’s a good idea to enlist the help of an experienced San Jose personal injury lawyer who will examine the details of your case to determine who, if anyone, was at fault. For those instances where negligence did play a factor, the skilled attorneys at Van Der Walde & Associates are here to help. Call us today for a free consultation, and we will seek retribution from those responsible for your personal injury.

Local San Francisco CBS news affiliate KPIX-TV channel 5 recently reported in a story that a motorcyclist was killed in a crash that involved a big-rig on highway 238 in Castro Valley, CA.  The motorcyclist, identified as a 29-year-old male, sustained fatal injuries and died at the scene.  The man was on his way to take the oral board review portion of the California Highway Patrol entrance exam.

The man’s motorcycle collided with a big-rig just north of interstate 580.  The motorcycle crash in San Francisco took the man’s life, but it is not known whether or not the driver of the large truck was injured.  CHP officers did not have any further information regarding the specifics of the crash, and did not speculate on who was at fault.

According to the Insurance Institute for Highway Safety, a staggering total of 5,037 motorcyclists died in crashes in 2007.  Though it had been steadily declining since the 1980s, the number of motorcycle deaths each year has unfortunately been steadily rising since 1998. Motorcycle deaths accounted for 12% of all motor vehicle deaths in 2007.  Due to such a large difference in size and the fact the motorcyclists are more exposed than truck drivers, motorcycle crashes involving large trucks almost always end in fatality for the motorcyclist.

The skilled San Jose motorcycle accident injury attorneys at Van Der Walde & Associates are experienced and skilled in seeking compensatory damages in motorcycle cases.  Our diligent attorneys will hold those responsible for your accident accountable for their actions, and will get you the compensation you deserve to help cover the costs of medical bills, physical therapy fees, motorcycle repair, and, in some cases, funeral costs and loss of potential wages.  Please call us today for a free consultation.