Personal Injury Lawyer Blog

Bus Accident Near Truckee Kills One, Many Injured

April 6, 2009 | by Moseley Collins

On Saturday, a bus overturned on Highway 80 near Truckee killing one and injuring many. The bus was carrying employees to work at a Lake Tahoe ski resort. The deceased victim was ejected from the bus. The crash is under investigation.

Twenty-five occupants on board, including the driver, were injured and taken to area hospitals, according to California Highway Patrol Officer Steve Skeen. Four people were taken by helicopter from the scene and one person transferred between hopsitals by air.

A spokeswoman for one hospital treating accident victims said one person is in critical condition and five are serious. The Associated Press is reporting that five people were critically hurt. Skeen said the driver suffered significant injuries.

The shuttle bus is owned by the Resort at Squaw Creek and was carrying employees from their homes in the Reno area to jobs in Squaw Valley. The crash occurred in clear weather at 8:28 a.m. on westbound Interstate 80 west of Floriston and just east of the Hirschdale exit.

Investigators are looking into driver fatigue as the cuae of the crash. CHP spokesman Steve Skeen said Sunday the driver remains in the hospital with head trauma and is no condition to be questioned at length. The crash happened at about 8:30 a.m. in clear conditions, with no other vehicles near the bus, police said. Skeen said the 66-year-old driver may have been on the road since 5:30 a.m. or before.

NFL Star From Sacramento Charged In DUI-Pedestrian Fatal Accident

April 2, 2009 | by Moseley Collins

Donte’ Stallworth, a star NFL receiver for the Cleveland Browns, was charged Wednesday with DUI and vehicular manslaughter for his role in the death of a pedestrian in Miami on March 14, 2009. Stallworth’s automobile struck and killed a 59-year-old man who finished his construction work shift around 7:15 a.m., and was attempting to cross the street. Stallworth grew up in Sacramento and played football for Grant High School before accepting an athletic scholarship to the University of Tennessee.

The twenty-eight-year-old Stallworth was detained after the automobile-pedestrian accident and subjected to field sobriety testing. According to his blood test, Stallworth’s blood-alcohol level was .126, well above the .08 level allowed under Florida (and California) law.

“I hit the man lying in the road,” Stallworth told officers arriving to investigate the crash, according to the affidavit. One officer smelled alcohol on Stallworth’s breath and said that his eyes appeared bloodshot and watery. Stallworth has expressed public sympathy for the family of the victim.

If convicted of the manslaughter charge, Stallworth would face up to 15 years in prison.

“Whenever a deadly accident occurs and a driver is impaired, families suffer,” said Miami-Dade State Attorney Katherine Fernandez Rundle in a statement. “I can only repeat this message over and over: If you are going to drink, don’t drive.”

Sacramento Midtown Car Chase Ends in Crash

April 1, 2009 | by Moseley Collins

A car chase in Sacramento’s midtown area ended in a three-vehicle crash Tuesday night, with the driver of a stolen car sent to a hospital with major injuries, California Highway Patrol officials said. The chase started at 16th and X streets about 8:40 p.m. when a CHP officer in a cruiser saw a car traveling the wrong way on 16th Street, said Sgt. Dan Brito of the CHP. The officer tried to stop the gray early-’90s model Toyota Camry when it accelerated, Brito said.

During the high-speed pursuit, the driver of the Camry swerved to avoid the crash but lost control and began fish-tailing down X Street, Brito said. Near the end of the block, the Camry slammed into a parked Toyota Corolla, mangling the car and sending a Volvo station wagon parked in front of it careening down the street, where it slammed into a nearby apartment building about 100 feet away.

The Camry, which had been reported stolen, flipped onto its roof, ejecting two passengers onto the nearby freeway embankment and trapping the driver and front passenger in the car, Brito said. The driver of the car sustained major injuries in the crash, Brito said. The passengers, described as boys about 16 years old, were apparently uninjured in the crash but were taken to UC Davis Medical Center, along with the driver, as a precaution, Brito said.

Medical Billing in California: How To Negotiate Your Bills

March 31, 2009 | by Moseley Collins

A recent article about medical billing in the New York Times addressed a topic that generally gets little attention, but is certainly relevant to almost all Californians, not the least of which are those who suffered a personal injury due to another’s negligence, as the economy continues to hemorrhage. The piece noted that according to the American Hospital Association, half of their members reported an increase in the number of patients needing help with their bills. And that was in November, before the national unemployment rate hit 8.1 percent.

Keep in mind, the article went on to say, that doctors, hospitals and medical labs are accustomed to negotiating. After all, they do it all the time with insurers. A hospital may have a dozen or more rates for one procedure, depending on whether Medicare, Medicaid or a private insurer is paying the bill, said Ruth Levin, a corporate senior vice president for managed care of Continuum Health Partners. Your request for a special arrangement will hardly confound their accounting department.

The Times author did a nice job of identifying an approach to dealing with your health care provider or your physician about your medical bills. She suggested patients are often unnecessarily intimidated by physicians. Don’t be. Talk directly to your doctor about your financial situation. If that makes you uncomfortable, then go to the billing manager. The office may be able to offer you a discount of 10 to 30 percent depending on the practice (specialists may offer a bigger break), or propose a plan in which you pay your balance in a few installments or on a monthly basis — typically at no interest.

If you are respectful, the health care provider will likley respond more favorably. And offer to pay cash upfront. You will likley get a small discount, regardless of your current financial status.

California Considering Ban on Flashy Digital Billboards

March 31, 2009 | by Moseley Collins

Keep your eyes on the road. Well, that’s what you are supposed to do to reduce your risk of getting into a car accident. But we all know there are many distractions as we drive from place to place: kids, music, mobile phones, aggressive drivers, etc. And let’s not forget … billboards. Yes, those flashy digital bilboards so common throughout the Sacramento region and California are now being scrutinized by our state legislature.

Assemblyman Mike Feuer, D-Los Angeles, has introduced a bill to prohibit new digital billboards in California until results are in from a federal study examining whether these flashy roadside advertisements are a dangerous distraction to drivers. Feuer said, “It is a simple, common sense matter to put public safety first. We ought to know the results before we allow more of them.” For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In Sacramento, message-changing billboards that are the kind being evaluated in the study can be found at Cal Expo and Sacramento State. Are they a dangerous distraction to drivers? They could be if drivers are more focused on the flashy billboards than they are on the road and other drivers.

There is opposition to the prohibition and potential ban, particularly from the film industry which does not want to see their promotional creativity limited. A Clear Channel advertising company representative reminded legislators that the digital billborads can also be used to quickly show kids’ photos during Amber Alerts.

California Medical Malpractice “Apology” Statute

March 30, 2009 | by Moseley Collins

When patients receive medical treatment there is generally a very high expectation that the results will be positive. However, that is not always the case. And in those cases where the outcome is either unexpected or is complicated, there will come a moment when the physician and the patient will have to communicate about how to resolve the situation. At that point the physician will be faced with a dilemma: should he or she apologize or express some regret.

Traditionally, physicians were discouraged from doing so because their actions might be interpreted as an admission of negligence or wrongdoing. The fairly recent emergence of so-called “apology” statutes in many states is making it easier for physicians and health care providers to have a more honest and open discussion with patients about such matters.

These discussions benefit both parties and often go a long way to resolving concerns about the treatment outcome without expensive medical malpractice litigation. “Although a physician may wish to tell a patient when he has made a mistake, lawyers often order doctors to say nothing,’’ wrote University of Florida law professor Jonathan R.Cohen in the Southern California Law Review. “The physician’s silence may then trigger the patient’s anger. This alienation may then prompt the patient to sue.”

Many states now have “apology” or “I’m sorry” statutes. Legislatures are doing a pretty good job of enacting legislation that facilitates more honest and forthright communication without the fear of resulting lawsuits. The statutes vary slightly from state to state, but all are written with the above-stated goal as their central purpose.

Huge Jury Award for California Motorcyclist Who Hit Wild Boar

March 29, 2009 | by Moseley Collins

A Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003. The jury held the state responsible for Adam Rogers’ injuries because officials knew that wild pigs regularly crossing a stretch of Highway 1 just south of the Carmel River were creating a dangerous situation, but they did nothing to address it.

The injured motorcyclist, a male 45-year-old former karate teacher and champion kickboxer, suffered serious injuries and is now confined to a wheelchair. He and his wife sued the California Department of Transportation in Monterey County Superior Court.

The plaintiff argued the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. Although not admissible to show responsibility, the state later put up a pig-crossing sign and used hunters to help control the pig population. The plaintiff further argued the state created the situation with the wild boars and then once they created it and saw what was happening they did nothing to stop it.

Most of the $8.6 million award will go toward the plaintiff’s medical bills. The injured motorcyclist requires around-the-clock care and won’t walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle.

What Do I Do If I’ve Been Injured In An Automobile Accident in California?

March 25, 2009 | by Moseley Collins

The answer, to some degree, depends on the circumstances of your particular accident. However, there are some general guidelines that should help you determine what to do after you have been injured. Not every situation will be covered here, but this should help make the process a little less stressful and confusing.

What you do following an automobile accident is illustrative of many other situations in which you’ve been injured as the result of another’s negligence.

Let’s focus on automobile collisions in which you believe the other driver is at fault. If you are still at the accident scene, and your physical condition allows it, make sure you exchange insurance information with the other driver. By doing so you are already protecting yourself in case you need to recover for any injuries or property damage. Unless the damage to you and your vehicle is obviously inconsequential, you should next make sure some law enforcement agency responds to the scene and makes a report.

More often than not the responding officer or deputy will interview the involved parties and any possible witnesses. Do your best to be very clear about what happened. If the incident report finds the other driver at fault you will stand a better chance of recovering for your injuries. Most reports are available within two weeks of the accident. Do yourself a favor and get a copy of the report as soon as possible. If you contact an attorney to seek representation, that report will help the attorney evaluate your case.

Protect Yourself From Uninsured Motorists in Sacramento

March 24, 2009 | by Moseley Collins

You leave your house to drive to work or take the kds to school feeling very comfortable with your automobile insurance coverage. You feel protected because your policy has high liability coverage limits, so there’s nothing to worry about. Correct? Not so fast. Don’t forget to evaluate your uninsured motorist coverage.

A very large number of California automobile drivers hit the road each day with woefully inadequate insurance coverage. By some estimates, as many as one third of all drivers fall into this category; many are uninsured, some are underinsured. Either way, those drivers represent a great risk to themselves and others. Is there a way for the remaining two thirds of drivers to protect themselves? The answer is, yes.

Let’s start with some basics. What is uninsured motorist coverage (or “UM” as it is commonly called)? UM coverage is an essential part of any automobile insurance policy in the state of California. UM covers you if you are in a collision where the other driver is found to be liable, and where that driver has either no insurance or insufficient insurance to compensate you for your injuries and the related damages. By law, insurance companies must provide UM coverage as part of every automobile policy. The only exception is if the policy holder specifically declines in writing.

How UM coverage much do I need? Insurance companies are only required to issue policies with a minimum of $30,000 per person/$60,000 per incident, even if your liability coverage limits are higher. And if your liability limits are $15,000/$30,000 (the minimum the law allows in California), then the UM coverage will be issued in that same amount. Neither of the above amounts will serve you well if the other driver has no insurance or is underinsured.

Gifted Actress Natasha Richardson Dies from Brain Injury

March 18, 2009 | by Moseley Collins

Actress Natasha Richardson died today from a brain injury she suffered during a ski vacation at a resort in Canada. It was reported that Ms. Richardson was taking a beginner’s lesson when she fell on a flat portion of a run near the bottom of the mountain. Notably, she was not wearing a helmet.

Right after the fall Ms. Richardson was talking and joking, but shortly she complained of head pain and was taken to a local hospital for observation. “A patient can appear so deceivingly normal at first,” said Graffagnino, director of Duke University Medical Center’s Neurosciences Critical Care Unit. “But they actually have a brain bleed and as the pressure builds up, they’ll experience classic symptoms of a traumatic brain injury.” For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Such injuries are known as epidural hemorrhage. Blood gets trapped between the skull and the hard layer of skin between the bone and brain, known as the dura mater. As the blood flows from the ruptured artery, the fluid builds and punctures the dura. For comparison, physicians often describe the human brain as an orange. The brain is the meat of the orange, the peel is the skull, and the spidery layer around the meat is the dura mater. (“Dura mater” is Latin for tough mother.)

Physicians working on trauma teams are taught “if a group of people are in a car crash and someone dies, the team should assume everyone else has serious injuries — even if they look good, and say they feel totally fine,” Graffagnino said. This is a fundamental lesson for all of us who experience some kind of head trauma — don’t assume you are okay simply because you feel no immediate obvious effects from the trauma. Seek prompt medical attention.