What Really Happened
In any personal injury case, evidence is key. Without evidence of some sort, any personal injury case will get thrown out of court, and lawyers who bring those cases are demonstrating a form of malpractice.
With that said, the best type of evidence you can have is a witness or two. Unlike circumstantial evidence that can draw conclusions but not truly prove the facts, a witness is a flesh and blood person who can stand up for what truly happened. And, if telling the truth, their testimony can be a major boon for any personal injury case.
However, witness testimonies won’t always match up. That is just the hard and true facts of any case. Most witnesses see things from their own point of view, and everyone’s point of view is different. So, in any car accident case, witness testimony will vary.
Let’s take for example a news report of a past accident involving witness testimony right here in Orange County. According to the CHP, a man was seriously injured when his car went off the embankment of the 241 Toll Road. He was then life-flighted to the hospital where he was listed in critical condition. So what happened? How did he end up 100 feet down the embankment?
According to the first witness, the man was speeding southbound in the northbound lane. His speed (and the fact that he was in the wrong lane) caused the accident. However, according to the second witness, the man was in the correct lane when he lost control of the vehicle, crossed the median, and went over the northbound edge. Which witness was correct? Luckily in this case, no lawsuits are pending and it doesn’t look like it will matter. However, the job of any good personal injury attorney is to weigh witness testimony and mesh them together, forming a case that fits the facts.
Automobile Accidents and Death
Automobile accidents are costly and often times deadly for the drivers involved. While some auto accident victims can walk away from their accidents with only minor injuries, other experience devastating injuries that can lead to further complications, lifetime impairments, or even death.
So when death occurs, the case is no longer one of auto accident personal injury alone. No, the case becomes a case of wrongful death and can be filed by the close family members of the victim.
News coverage often times lets us know when a fatal car accident happens in our city or near our homes. But what it doesn’t cover is the result: families at a loss, mourning. Those families have recourse, however, through the law. By filing a wrongful death suit on behalf of the victim, the families of automobile accident victims can receive a small portion of closure and recompense for their afflictions suffered at the hands of a negligent driver.
So if you have a loved one who was involved in an automobile accident and later was unable to overcome his or her injuries, contact my office or a personal injury near you today. It’s time to see justice done.
Justice Upheld
On April 1, 2004, there was a large, multi-car pile-up in Illinois that killed two men and left another permanently injured. The accident was caused by a 40-ton tractor-trailer driven by DeAn Henry, an employee of C.H. Robinson Worldwide Inc. at the time of the accident. Both Henry and the trucking company were sued shortly after the criminal trial.
When the personal injury case against Henry and C.H. Robinson originally went to trial, the families of the dead men and the injured man demanded justice through wrongful death claims. They were granted that justice in the form of $24,000,000.
However, the trucking company refused to accept this, claiming that they should not be responsible for the accident or for the $24 million in damages. So, they sought help with a higher court and refused to pay until that court’s ruling.
That ruling came last May, with the appellate court ruling in favor of the victims. The trucking company will be required to pay the $24,000,000 to the families of its victims, a payment that will affect the company’s finances for some time.
But while $24 million might sound like a lot of money, it truly is a small price to pay for the lives of two good men and the damages suffered by the third man. In light of these lives, $24 million is almost too small a sum.
This Will Lead to a Lawsuit
Bus accidents are never anything to laugh about. Normally, when there is a bus accident, quite a few people get hurt, from passengers to other motorists involved in the accident. However, this case was made so much worse by a driver who, not only was involved in a bus accident, but who also lied in order to drive the bus.
Ophadel Williams, the bus driver, fell asleep at the wheel, according to passenger reports of the accident that occurred back in March. The bus then tipped on I-95, causing mass injuries to the passengers. According to reports, at least 15 were killed and another 17 were injured in the accident.
Could it get any worse? Well, apparently so. Not only was this man responsible for these deaths and the other injuries sustained, he was also driving with a false driver’s license when the accident occurred. According to reports, his license had already been revoked under a different name and he was driving the bus with a new license issued to the name Ophadel Williams.
Passengers who survived the bus accident and the family members of those who didn’t should be aware that they have every right to sue this man and the bus company for the accident. The bus company should have known better, investigating their driver as best they could to ensure safe travel for their passengers. And, of course, Mr. Williams shouldn’t have fallen asleep at the wheel.
Victims and family members are protected under the laws of the State of California for just this reason, and no one should be left responsible for paying their medical bills alone. If you were involved in this bus accident and need an attorney, don’t hesitate to call my office and schedule an appointment.
Hit and Runs
If you have been injured in a hit and run accident, then you have every right to find the driver responsible and hold them accountable for their actions. It is also within your rights to sue the driver using the personal injury laws on the State of California.
According to the law, anyone who hits another person or vehicle is responsible for the damage caused, and by law that person is required to stop and check on the victim. When that doesn’t happen, then a criminal act has been committed on top of the original accident, and any personal injury attorney can tell you that both acts can be filed against in court.
Perhaps you are not the one who was injured in the accident, but you have a family member who was seriously injured or even killed as a result of a hit and run. Well, I can tell you three things:
- The police will investigate the crime
- If the police catch the hit and run driver, he or she will likely face criminal charges first
- After the trial, you have every right to sue for loss compensation under the state laws of California
And if you decide to pursue a case against the driver, you will need the help of a qualified automobile accident attorney, specifically one who specializes in wrongful death and other forms of injury law. This is where I can help. I have several years of experience with personal injury cases and can walk you through the process, giving you the information you need to continue forward.
