Monthly Archives: August 2014

Pedestrian killed by hit-and-run driver in California

On Aug. 17 around 9:50 p.m., a 51-year-old man, who may have been riding a bicycle at the time, was struck by a vehicle near Balfour Drive and Senter Road in San Jose according to authorities. The man was critically injured, and the driver fled the scene.

When officers reached the scene after receiving a call that a pedestrian had been hit by a vehicle, they found the victim lying in the road. He was later pronounced dead at an area hospital.

Two days after the accident, investigators reported that the vehicle involved in the crash was a black Honda Civic that had been damaged on its passenger side. A 25-year-old man was taken into custody the following day on suspicion of hit-and-run. As of Aug. 21, the incident was still being investigated by San Jose police, and they were requesting those with information about the accident to contact them. A phone number for those who wished to remain anonymous was provided in addition to that of the main line in the news source.

The family members of someone who dies in a pedestrian accident might want to file a wrongful death suit against the party believed to be responsible. A personal injury attorney retained by a victim’s family could help them win compensation for medical bills and final expenses by preparing a workable case using evidence gathered from police reports and witness statements. Criminal charges against a defendant that were connected to the incident in question could also be used to convince a civil case’s jury of the accused party’s liability for the victim’s death.

Source:, “San Jose man arrested on suspicion of hit-and-run that killed pedestrian”, August 21, 2014

Source:, “San Jose man arrested on suspicion of hit-and-run that killed pedestrian”, August 21, 2014

Who can be sued for a birth injury?

California patients who have a child who suffered a devastating birth injury may be interested in filing a medical malpractice lawsuit against those who were responsible. There are several parties who may potentially be held responsible for a birth injuries, including the hospital where the injury took place, the doctors or staff members who caused the injury and even pharmaceutical companies.

Hospitals are responsible for ensuring that the health care professionals they hire are properly licensed and trained. This is because, under the respondeat superior doctrine, they employed the person who made the mistake. If a hospital fails to make proper inquiries into an employee’s background prior to hiring him or her, it could potentially be held vicariously responsible if that person makes a mistake that results in a birth injury. Additionally, the hospital could be held liable if it does not schedule a certain number of registered nurses on duty, keep accurate medical records or properly admit patients.

Doctors or other health care professionals who caused the birth injury may also be held liable if they were considered to be an independent contractor. If this is the case, the doctor, but not the hospital itself, can be held liable. Finally, a pharmaceutical company that made a medication that did not provide warnings regarding potential birth defects may be held liable. The exception to this is if the doctor who prescribed the medication knew about the risks but failed to warn his or her pregnant patient. In this case, it is the doctor who could be held liable.

Birth injuries can result in increased medical costs and long-term care for a child who suffers from a birth injury-induced condition like cerebral palsy. With the help of a capable attorney, parents may be able to file a medical malpractice lawsuit against the responsible party or parties in order to seek compensation for long-term care costs, medical costs and other damages.

Source: Findlaw , “Responsible Parties in Birth Injury Cases: Who Can Be Sued? “, August 20, 2014

Source: Findlaw , “Responsible Parties in Birth Injury Cases: Who Can Be Sued? “, August 20, 2014

3 injured when van runs into flea market in California

A Stockton flea market was the site of an incident where a vehicle sped into a crowd and hit three shoppers. The pedestrian accident remains under investigation by the California Highway Patrol.

According to accident reports, at around 5 p.m. a van drove into a flea market and struck three people. Officials say the incident remains under investigation but do not believe the act was intentional. No details about the driver were available, but troopers say that the person had not been impaired by alcohol or drugs prior to the accident. The investigation is moving forward with the belief that the van ran into the crowd after suffering some mechanical problem.

Two women and one man were injured after being hit by the vehicle, and numerous booths and one other stationary vehicle were hit as well. In addition, officers who were attending the scene found a person trapped underneath a table. One of the victims, a women, suffered minor injuries, and the two other victims, a man and a woman, reportedly suffered major injuries. The driver of the van was not hurt, and no charges were filed.

Injury pedestrian accidents are relatively common. The victims of these types of crash may face high medical costs associated with emergency transportation, hospital stays and repeat doctor visits. They might also be unable to work, which might cut off their income and exacerbate their precarious financial situations. Costs for victims can add up, but those who have been injured by another person’s negligence might be able to seek compensation from the at-fault party or his or her insurance provider. A consultation with a personal injury attorney could shed light on what types of options the victims may have for recouping some lost funds.

Source: Fox 40, “3 People hit by Van at Stockton Market “, August 03, 2014

Hit-and-run accident kills pedestrian in Southern California

A 57-year-old pedestrian was killed in a July 28 accident in front of an El Cajon casino, authorities reported. Law enforcement officials later made contact with the driver involved in the 12:35 a.m. incident; yet, it was not clear immediately following the event whether police filed any charges or issued any citations in connection with the accident.

Reportedly, the 57-year-old pedestrian was standing on the shoulder of Dehesa Road, near Willow Glen Drive, when a 1996 Chevy Suburban veered off the roadway and struck him. According to the California Highway Patrol, the driver left the accident scene and continued driving.

Officials determined that the pedestrian died at the scene of the collision. CHP reportedly located the driver of the Suburban at his residence. According to police, the driver knew he hit something but was not aware that it had been a person. Police indicated that they do not suspect alcohol played a role in the fatal pedestrian accident.

Certain family members of victims in fatal accidents may wish to file a wrongful death claim if there is significant evidence indicating that the incident could have been avoided but for another party’s actionable behavior, such as recklessness or negligence. In the event that such a lawsuit prevails, the bereaved family members might be awarded restitution for funeral expenses, burial costs and other economic damages they suffered in relation to the fatal incident. Furthermore, claimants in a successful wrongful death lawsuit might also receive compensation for noneconomic damages, such as mental anguish and suffering. However, it is important for the families of deceased accident victims to remember that the statute of limitations for wrongful death lawsuits in California is two years.

Source: Times of San Diego, “Driver Kills Pedestrian, Tells CHP He Didn’t Know He’d Hit a Person“, Jennifer Vigil, July 28, 2014

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