Wrongful Death

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.

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.