Amazon’s DSP Program and Liability Shield

In 2018, Amazon launched its Delivery Service Partner (DSP) program. Instead of employing drivers directly, Amazon contracts with thousands of small delivery companies that operate Amazon-branded vans. These DSPs employ hundreds of thousands of drivers worldwide, but they exist almost entirely to serve Amazon.

On paper, Amazon says these drivers are not its employees. By labeling them as “independent contractors” working for separate businesses, Amazon tries to distance itself from crashes. DSP contracts even require these small companies to defend Amazon in lawsuits and carry liability coverage—often capped at $1 million, which can be insufficient in cases of catastrophic injury.

The Reality: Amazon Maintains Control

While Amazon denies responsibility, courts and injured victims see a different picture. Amazon sets the rules for who can be hired, requires drivers to take its training courses, controls delivery routes through its apps, and even tracks drivers’ speed, braking, and on-time performance. DSPs face penalties if deliveries are late, which can pressure drivers to speed or take risks.

Amazon also reserves the power to ban drivers it deems unsafe, effectively ending their employment. With this level of oversight, many judges and juries have found that Amazon behaves less like a hands-off client and more like a joint employer.

California Courts Push Back

Across the country—and increasingly in California—courts are rejecting Amazon’s argument that it bears no responsibility. For example, in cases where Amazon’s strict quotas and tracking systems contributed to dangerous driving, judges have allowed lawsuits against Amazon to proceed. The trend is clear: if a company controls nearly every aspect of a driver’s work, it can’t avoid accountability when negligence occurs.

In North County San Diego, where busy delivery routes run through communities like Oceanside, Carlsbad, San Marcos, and Escondido, these issues hit close to home. Amazon vehicles are a daily presence on our streets, and the risks of crashes are very real.

Steps to Take After an Amazon Delivery Crash

If you or a loved one is injured in a collision with an Amazon driver, here’s what you should do:

• Get medical treatment right away. Hidden injuries like concussions or spinal damage may not appear immediately.
• Call the police and document the scene. A report, photos, and witness information are key to your case.
• Identify the driver’s employer. Ask whether they work for a DSP and note whether the vehicle is Amazon-branded.
• Talk to an experienced attorney. The legal relationship between Amazon and its drivers is complex—navigating it requires skill.

North County Injury Lawyers: Protecting Your Rights

At North County Injury Lawyers, we know how Amazon operates and how to hold powerful companies accountable. Our team has been recognized as the Best Personal Injury Law Firm in North County San Diego, and we have the experience to take on cases involving Amazon and its delivery drivers.

Amazon’s focus on speed and profit should never come at the expense of public safety. If you’ve been hurt in a crash with an Amazon vehicle in North County or anywhere in California, contact North County Injury Lawyers for a free consultation. We’ll fight to make sure you receive the full compensation you deserve.

If you or someone you love got hurt in a truck accident in Carlsbad, it is extremely important to know about your options for filing a claim and proving that the trucking company is responsible for your injuries. Even in cases in which a truck driver’s error caused the collision, as is true in many trucking collisions, plaintiffs will want to learn more about causation and liability to determine whether the trucking company itself or the owner of the truck may also bear responsibility for the crash. Generally speaking, truck companies have much deeper pockets than truck drivers themselves, and thus they may be able to provide an injured plaintiff or her family with full compensation for losses. Yet first, a plaintiff will need to prove causation and liability.

What causes most truck accidents? The Federal Motor Carrier Safety Administration (FMCSA) conducted a study about trucking accident causation more than 15 years ago. According to a recent report in Transport Topics, the FMCSA has plans to conduct a new crash causation study that will help to reveal the extent to which issues like smartphone usage and distracted driving play a role in truck collisions.

Details of the FMCSA Planned Study

On January 14, 2020, the FMCSA announced that it had plans to conduct a new truck crash causation study and asked for public comment “on how best to design and conduct a major study to identify factors contributing to all large-truck fatal, injury, and tow-away crashes.” The new study is designed to replace the initial study, and it will be the backbone for much of the policy work done by the FMCSA regarding trucking accidents and preventive measures.

The new study will include certain new methodologies, and the FMCSA has asked for public comment concerning methods it should use to “address the use of onboard electronic systems that can generate information about speeding, lane departure, and hard braking.” The FMCSA also hopes that the study will provide it with new information regarding the frequency and severity of large truck crashes, and steps that can be taken to reduce both the severity of collisions in the future and their overall number.

Part of the reason for the new study is that the last decade has seen a rise in serious and deadly truck crashes. The initial FMCSA study was conducted in 2003, and afterward, the rate of fatal trucking collisions largely decreased until 2009. However, since 2009, the annual rate of fatal truck crashes has increased, particularly in the last few years.

Learning More About Deadly Truck Accidents

When large trucks, such as 18-wheelers and semi-trucks, are involved in collisions with passenger vehicles, the occupants of those smaller passenger vehicles often sustain severe and deadly injuries. According to the Insurance Institute for Highway Safety (IIHS), a total of 4,138 people were killed in large truck accidents in 2018.

Of those who died in trucking accidents in 2018, about 67% were occupants of passenger vehicles, while about 15% were motorcyclists, bicyclists, or pedestrians. To put those numbers another way, about 83% of all fatalities in large truck accidents involve people who were not in the large truck itself.

Contact a Carlsbad Truck Accident Lawyer

If you have questions about truck accidents or filing a claim for compensation, an experienced Carlsbad, CA truck accident attorney can help with your case. Contact the Walton Law Firm today for more information.

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An enlisted Navy man was killed on Saturday while parked on the shoulder of State Route 76 in Oceanside. According to reports, 43-year-old Victor Velez pulled off to the right shoulder on the eastbound side of the road near Foussat Rd. and got out of his car. For reasons currently unknown, an eastbound box truck traveling in the right lane struck the man, killing him.

An investigation into the accident is continuing, and police currently do not believe that alcohol was a factor in the crash. Anyone with any information about the accident is encouraged to contact officer David Paul of the Oceanside Police Department at (760) 435-4431.

Last year, Walton Law Firm represented a man in a similar type of accident. That incident occurred on State Route 78, and involved a tow truck driver who was struck when a large truck veered into the shoulder, striking two people, one of whom died. After an investigation by the law firm, it was established that the negligent driver had the sun in his eyes and may have been reaching for his phone at the time of the accident.

When we are on neighborhood roads or highways in Southern California, should we be concerned about the risk of a car accident caused by road debris? Most of us are typically on the lookout for other drivers who are not obeying the rules of the road or distracted pedestrians who might inadvertently step into traffic, but according to a recent report from CBS News, dangerous road debris causes far more car crashes than you might expect. Between 2011 and 2014, more than 200,000 collisions have been attributed to debris already in the road or to debris falling from unsecured truck loads. What else should you know about crashes caused by debris, and what can you do to prevent them?

AAA Study Highlights Severity of Crashes Caused by Debris and Unsecured Loads

The CBS News report cites a recent study conducted by the AAA Foundation for Traffic Safety, which determined that approximately 39,000 injuries and 500 deaths on the road between 2011 and 2014 resulted from debris. According to Tamra Johnson, a spokesperson for the AAA Foundation, “the really troublesome thing about all this is a majority of these crashes are preventable, if drivers would just take the necessary precautions to secure their load or maintain their vehicle properly.”

The AAA Foundation describes these accidents as vehicle-related road debris (VRRD) crashes, and it indicates that around 25,000 VRRD crashes occur in North America every year. Of those accidents, anywhere from 80-90 deaths occur. Peter Kissinger, the President and CEO of the AAA Foundation, explains that VRRD crashes “are generally less severe than other crashes,” yet “individual incidents can be catastrophic.”

While it might not sound like a major ordeal to swerve to avoid a piece of debris in the road, such incidents frequently lead to severe and fatal collisions. The CBS News report cites a recent incident in which a West Coast driver swerved to get out of the way of a metal shelf that flew out of the back of a pickup truck on the highway. In attempting to avoid the metal shelf, the driver crashed into another vehicle and lost his life. According to the report, that is how about 37% of VRRD accident deaths occur. Most often, fatal VRRD crashes happen “on a freeway in the middle of the day.”

Preventing Vehicle-Related Debris Accidents in San Diego

What can we do in San Diego to prevent accidents caused by road debris? The most important thing is for drivers carrying loads in pickup trucks or other vehicles to ensure that their loads are properly secured. Even if you think a single strap will hold down the load you are carrying, use additional devices to ensure that anything in the bed of your truck will not cause a serious or fatal accident on the highway. As the CBS News report suggests, “if you wouldn’t want your family driving behind what you’re hauling, it’s a good sign it’s probably not safe.”

If you or a loved one sustained injuries in a traffic collision caused by another driver’s negligence, you should consider filing a claim for compensation. An experienced car accident attorney in San Diego can help. Contact the Walton Law Firm today to learn more about our services.

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(image courtesy of Dodgerton Skillhause)

Tractor-Trailer “Flying Wheel” Leads to Fatal Injuries

How did the recent trucking accident happen in downtown Fresno? It appears Tapia’s car was hit by a “flying wheel from a tractor-trailer.” Tapia had been behind the wheel of a Toyota Corolla on Highway 99 when the wheel crushed her. Reports indicate that the wheel “rolled into her lane,” and then “smashed into the roof and driver’s side” of her vehicle. Investigators are not sure precisely how the wheel came detached from the vehicle, but the California Highway Patrol (CHP) continues to look into the matter. Some commentators described the scene as a “freak accident.”

But should we expect better safety inspections for tractor-trailers like the one involved in the deadly accident? Should we need to anticipate that the wheels of big rigs can simply come dislodged when a traffic collision occurs? The victim was working toward a master’s in public health when she was killed, and those who knew her emphasize that “she was on her way to making a huge impact,” according to an article in the Fresno Bee.

Truck Accident Safety and Statistics

Big rigs tend to weigh 10,000 pounds or greater, so it is no wonder that these vehicles often cause fatal injuries when they are involved in automobile crashes. Indeed, the Insurance Institute for Highway Safety (IIHS) emphasizes that large trucks often weigh “20-30 times as much as passenger vehicles,” and they are also “taller and have greater ground clearance than cars.” What does this information mean? In short, “lower-riding vehicles can slide beneath truck trailers, with deadly consequences.” And while federal safety standards require these trucks to have underride guards, the IIHS estimates that many of these guards often fail in low-speed accidents.

According to the Federal Motor Carrier Safety Association (FMCSA), fatal truck accidents happen more than ten times per day—every day—in the United States. Each year, these collisions result in about 4,000 deaths nationwide. And even when passengers are not killed in these dangerous crashes, more than 100,000 suffer serious injuries each year.

Based on data from the FMCSA and the National Highway Traffic Safety Administration (NHTSA), the number of serious and fatal truck accidents rose over the last several years. What is causing the increase in trucking accidents? The IIHS predicts that three major factors are at work in fatal truck collisions:

• Driver speeding;
• Driver fatigue; and
• Truck braking capability.

If you are in a smaller passenger vehicle, it is important to stay alert while you are behind the wheel. But if you or a loved one sustained serious injuries in a truck accident, do not hesitate to contact an experienced San Diego truck accident lawyer. Contact the Walton Law Firm today to learn more.

Image Credit: Alvimann via morgueFile See Related Blog Posts: California Bus Crash Report Drowsy Driving Accidents in California

A fatal automobile accident in Northern California left 10 people dead, including five high school students, according to an article in the Los Angeles Times. The crash occurred when a FedEx truck driver veered across a median on the I-5 freeway and collided head-on with a bus transporting high school students. The cause of the tragic trucking accident remains unknown, but the FedEx truck driver was reported as being among those killed in the crash. Scott Frederick, a California Highway Patrol (CHP) lieutenant, said authorities aren’t yet sure whether the driver “had fallen asleep, whether his freight truck had some type of mechanical failure or if it was involved in a separate collision that preceded the fiery crash.”

What happened? Currently, all the California Highway Patrol knows is that, by the time emergency medical responders arrived at the scene of the bus accident, the vehicle was “already engulfed in flames,” according to CHP Commander Bruce Carpenter. He explained that “31 people were transported to seven hospitals with injuries ranging from minor to critical.” Nine victims died at the scene of the accident, and another person passed away later from fatal burn injuries. The driver of the FedEx truck, Tim Evans, and the driver of the bus, Talalelei Lealao-Taio, were among the ten victims of the deadly accident. Five students and three adult chaperones also died from injuries sustained in the crash.

The National Transportation Safety Board (NTSB) has begun investigations into the cause of the accident, and its investigators will employ 3-D diagramming and “sophisticated surveying and mapping equipment” in order to reconstruct the events that ultimately resulted in the catastrophic truck accident. The Sacramento Bee recently reported that the bus driver and the FedEx truck driver had clean driving records—neither had any recent moving violations on their records.

In addition to examining causes related to the FedEx driver and the vehicle he drove, NTSB investigators will also look into other factors, such as highway and weather conditions. As of now, investigation teams predict that they won’t have any definite answers for months. The NTSB did indicate that the truck driver hadn’t attempted to brake before his truck collided with the school bus, according to an article in CBS San Francisco. Investigators continue to seek out witnesses.

California Truck Accident Statistics

When vehicles collide with large trucks, drivers and passengers often sustain life-threatening or fatal injuries. According to the National Highway Traffic Safety Administration (NHTSA), trucks tend to be larger and heavier than other vehicles on the California highways, so they’re likely to cause more severe impacts in traffic collisions.

The California Highway Patrol has been involved in the investigation of the recent truck accident that caused the deaths of 10 people. Each year, the CHP gathers statistics about truck accidents in California and maintains that data in a Statewide Integrated Traffic Records System. According to recent statistics, the number of truck accidents continues to rise in California and across the country.

More than 5,000 truck accidents resulted in serious injuries in our state in 2010, and that number rose to more than 5,100 in 2011. In addition to severe personal injuries, truck accidents often cause fatal injuries. In 2010, the CHP reported a total of 214 fatal truck crashes, and that number rose to 250 fatal collisions the following year. Across the country, the NHTSA reported approximately 88,000 injuries related to truck accidents and more than 3,700 fatalities.

While a truck driver’s negligence can result in a dangerous truck accident or bus crash, other factors can also bring about a severe traffic collision. Have you lost a loved one in a serious truck crash? An experienced California truck accident lawyer can answer your questions today.

Photo Credit: visualpanic via Compfight cc

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Drowsy Driving Accidents in California

Tanker Truck Crash Injures Four

Driving while drowsy can be very dangerous. A driver that falls asleep may crash into another vehicle or other object at full speed, with no attempt to avoid the crash by steering or braking. At times, drowsy drivers might even appear to be drunk, because their driving is so poor. Some studies have found people’s cognitive abilities to be as impaired after twenty-four without sleep as with a blood alcohol content of .10, which is higher than the legal limit for driving while intoxicated in every U.S. state. Nearly 90 percent of police officers surveyed reported pulling over a driver that they originally thought was drunk and turned out to be sober but drowsy.

Some warning signs you may experience that signify drowsiness while driving include:

· The inability to recall the last few miles traveled · Having disconnected or wandering thoughts · Having difficulty focusing or keeping your eyes open · Feeling as though your head is very heavy · Drifting out of your driving lane, perhaps driving on the rumble strips · Yawning repeatedly · Accidentally tailgating other vehicles · Missing traffic signs Certain groups, due to their lifestyle, are at a much greater risk of driving while drowsy. Younger people are most commonly involved in sleep-related crashes, because they tend to stay up late, sleep too little, and drive at night. A study by the National Highway Traffic Safety Administration found that young drivers are more than four times more likely to have sleep-related crashes than drivers over the age of 30. Shift workers, and other people who work long hours, are at a high risk of being involved in sleep-related crashes. Shift-workers, in particular, are often driving at night when their bodies are used to sleeping. In addition, the human body never fully adjusts to shift work, because the body’s sleep and wake cycles are dictated by light and dark cycles. Finally, people with sleep disorders, especially those that are unaware of the disorder, are at risk for sleep-related accidents. Approximately 40 million people are believed to suffer from some kind of sleep disorder. Many sleep disorders cause excessive daytime sleepiness, which raises the risk of a sleep-related crash.

Drivers can take steps to avoid drowsy driving. It is important to get a good night’s sleep, plan to take long trips with a companion, take regular breaks, avoid alcohol and medications, and consult with a doctor if experiencing frequent daytime sleepiness.

The tanker truck struck the Malibu hard enough to cause a chain reaction, whereby two additional cars, a Pontiac G6 and a Toyota Solara, were struck. In addition, the Malibu became wedged underneath the tanker truck, trapping the driver inside the sedan. To make matters worse, the tanker truck then caught fire. Luckily, the Escondido Fire Department quickly arrived to put out the flames. Bystanders, sheriff’s deputies, and firefighters then removed the seriously injured driver from the Malibu. He was transported by air to the University of California San Diego Medical Center for treatment.

The occupants of the Pontiac G6, two 21-year-olds and a 1-year-old child, sustained moderate to minor injuries, and were transported to Palomar Hospital. The Toyota Solara’s sole occupant was uninjured.

The trucking industry is a vital part of the U.S. economy, generating over $250 billion each year. Unfortunately, because trucking is such a large part of the economy, many truckers are forced to work long hours without proper sleep and with too many deliveries to make. Drivers are sometimes encouraged to drive at faster speeds and for longer hours by the compensation systems in place. At times, inadequate training, due to a desire to get new drivers on the road as soon as possible, may also be a factor in a crash. Studies have shown that in over 80% of accidents involving tractor trailers, the truck driver is at fault.

While accidents involving trucks are much less frequent than those involving cars and other regular automobiles, the consequences of a trucking accident are often more serious. The simple fact that a tractor trailer is many times heavier and larger than the average car, or even sport utility vehicle, means that a tractor trailer can do a large amount of damage to the car and its occupants. In addition, due to the size of tractor trailers, they are also more likely to involve more than just one vehicle as well, like the recent accident in Escondido.

A tractor trailer’s size is not the only thing that makes them dangerous. A small percentage of tractor trailers haul dangerous or deadly cargo all over California. Truck cargo can range from chemicals like chlorine gas, which may escape if the tank’s hull is breached during a crash and can be deadly if breathed in, to flammable materials, like gasoline or propane, which may catch fire in the event of a crash. In these cases, the injuries immediately caused by the crash can be minor compared to the harm that may result from a tank breach.

These negative effects are seen day in and day out by our San Diego personal injury lawyers. Take, for example, a major auto collision occurred that near the San Diego International Airport. According to NBC San Diego News, a truck jumped the center median and hit a sedan head on. San Diego Fire Rescue, Harbor Police, and San Diego police all responded to the scene of the accident. Fire Rescue had to remove a woman from the sedan that had been hit and crushed. Five ambulances also responded to the scene to treat the multiple victims. Six people were transported to the hospital, including three children.

Beyond the many victims of the collision, the accident also caused the police to temporarily shut down the westbound lane of Harbor Drive at the Coast Guard station, causing a major traffic jam in the area lasting several hours and requiring police traffic control. As the accident was near the San Diego Airport the major traffic delays caused many people to miss their flights, and even reached such high back up levels that people left their vehicles to attempt to reach the airport on foot instead. The accident is currently under investigation, and Police are attempting to determine what caused the van to swerve in the first place. The investigation will also seek to determine if drugs, alcohol, or speed played any role.

What to do if you are Injured in an Accident Unfortunately, accidents like this one occur every day in Southern California, and they often result in negative consequences for the victims. These negative consequences can span from a mere inconvenience to death, and everywhere in between. When a victim survives an accident, but is left severely injured there can be even more distress following the accident. Severe injuries can lead to major financial impacts on the victim and their family, stemming from medical bills, lost wages, and long term care.

Anyone who faces these difficult after-effects of an auto accident should seek the help of a personal injury attorney to determine if they can seek recovery for their damages. An attorney can also make sure that a proper investigation is completed on your accident to preserve all necessary evidence for your case. A legal professional will make sure your case is brought within the proper time limits, so that you do not lose the opportunity to receive restitution for your injuries.

Insurance companies are almost always involved in these incidents. However, do not forget that those companeis are looking out for their own financial interests–not yours. That is why the aid of an attorney is crucial, because the attorney is bound as a zealous advocate for your interests alone.

Getting Help in Southern California The San Diego truck accident lawyers at the Walton Law Firm can help you if you have been involved injured in an auto accident of any type. No matter how severe your injuries, our attorneys can help protect your rights and advocate for your best interest. Contact the Walton Law Firm at (760) 571-5500 for a free and confidential consultation about your case. You can also request a confidential consultation through our website.

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Our San Diego injury lawyer knows how dangerous the streets of our city can be, especially for children. Roadways are full of cars, motorcycles, trucks, and delivery vehicles during the day and night. Unfortunately, the people driving these vehicles do not always follow the road laws carefully. That is why car and trucks accidents remain one of the leading causes of death and serious injury for young community members. In the vast majority of cases these accidents can and should have been prevented. Car accident lawsuits result when local drivers fail to act reasonably causing an accident that hurts others.

For example, last November the driver of a city garbage truck attempted to make an illegal turn by pulling into another lane and then moving in reverse through the intersection. According Channel 10 News out of San Diego, as the driver attempted to change course with his oversized vehicle, truck struck a 9-year-old boy named Luke Acuna, who was riding his skateboard home from school. The collision resulted in the boy losing one of his legs.

Now, several months later, as medical bills continue to pile up for Luke’s family, his parents are filing a lawsuit against the city of San Diego in an effort to get compensation for Luke’s injuries, as well as some assistance with the huge financial burden that he and his parents will now have to bear. An attorney for the family estimates that over Luke’s lifetime, his care will cost millions of dollars. This will include things like surgeries, medications, in-home care, rehabilitation, and hopefully, one day, a prosthetic leg for Luke. In addition, his family may have to move to another house or at least make modifications to their home in order to allow him to get around in a wheelchair. While they are hopeful that one day Luke will be fitted for a prosthetic leg, his injuries were such that he may not ever regain enough control to be capable of using one.

As our San Diego county negligence lawyer can tell you, suing a government entity in California is not as simple as suing an individual or a private company. Because of the doctrine of sovereign immunity, governments can determine what they will and will not allow citizens to bring before a court. California negligence law requires the injured party to file a special claim with a government entity before filing a lawsuit. The claim must be filed within six months of the injury, even where the statute of limitations for filing suit is longer. Once the special claim is filed, the government must respond within 45 days. If the claim is accepted, then a settlement will typically be reached. However, if the government rejects the claim, as the city of San Diego apparently did in this case, then a lawsuit can be filed. Failing to follow these steps to the letter can result in your claim being barred, so it is very important to speak to an injury attorney well before the six months have passed.

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City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Caltrans Worker Hit by San Diego Trolley Dies of Injuries

The California Highway Patrol reported that the accident is still being investigated, however a few early details are known. It seems that a Federal Express semi truck somehow T-boned the car. The car suffered significant damage, with the impact occurring on the passenger side of the vehicle. The broadside impact caused the car to spin off the roadway; the tractor-trailer eventually made its way to the center divider of the freeway. As is often the case, this San Diego Fed-Ex crash was deadly. A front seat passenger, 56-year old Thoy Insixiengmay as well as a woman in the back-seat of the car, 59-year old Tem Thirakul were both killed in the collision. The driver has yet to be identified; however, she was taken to Sharp Memorial Hospital in serious condition. All of the victims are thought to be from the San Diego area.

Our San Diego trucking crash attorney knows that so many of these collisions involving semi-trailer end up causing severe injury and death. It is no surprise that these large machines are capable of severely injuring those in the smaller vehicles around them, particularly when traveling in high-speed areas like freeways. The immense risks associated with these collisions make it imperative that truck owners and operators do everything possible to ensure that there are no lapses of safe driving practices.

Authorities are still investigating this crash to better understand what went wrong. When these incidents strike, there are usually a variety of legal issues to be considered. Any potential liability will likely depend on different facts such as the speed of the truck at the time of the incident, the condition of the weather, the specific reason that the car spun out, and similar issues. In addition, it will be important to determine if there were any problems with the roadway at the time and if both involved vehicles were in proper working order. While it is usually a combination of personal mistakes on the part of drivers that lead to crashes, other parties may also play a role. For example, those who provide maintenance to a vehicle may be liable for mistakes that their negligence causes. Similarly, public bodies charged with maintaining roadways safely may bear responsibility if any problems are found with the road structure, its signage, and other road maintenance issues.

No matter what the investigation uncovers, all those involved in this incident and their families should be sure that their interests are protected. It is vital that a San Diego truck accident lawyer be consulted. The attorney can explain how the law applies in this situation and reveal what options are available to the victims following the tragedy.

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San Diego County Truck Accident Kills Two on Interstate 10

Woman Seriously Injured When Dump Truck Runs Red Light

The accident struck early Tuesday afternoon on the eastbound lanes of Interstate 10 just east of Wilcox. A truck driver was traveling on the highway when he lost control of his vehicle. The truck eventually flipped over on its side, blocking all eastbound traffic lanes on the interstate. It was only a matter of time before an unsuspecting on-coming vehicle approached the accident site. The first vehicle to come up upon the overturned truck was a 2001 Ford pickup truck. The driver was unable to account for the stopped semi, and the pickup collided with the rear of the trailer.

There were four passengers in the pickup truck as well as a driver. The youngest passenger, a two-year old girl named Mercedes Young, was killed in the collision. Also killed was 65-year old Isaac High. Four other members of the Young family were injured including three children aged 4, 7, and 8. It remains unclear what led the truck driver to lose control of the machine. It is important that a thorough investigation be conducted to understand what happened and figure out if the accident could have been prevented.

There are potential deadly consequences every time that a driver loses control of a large tractor-trailer—making it incumbent that these drivers abide by safe driving practices any time that they are behind the wheel. Our San Diego truck accident lawyer is well versed in the requirements for safe driving and the ways that the legal system protects those injured by negligent driving. All those who travel on our area roadways are required to exercise reasonable care so that others are not harmed in a California car accident. This includes driving at safe speeds for road conditions, staying within one’s lane, and obeying all traffic signals.

In addition to these basic rules, truck drivers are often obligated to follow special rules to ensure that their conduct does not harm others. For example, truck drivers must ensure that they do not fall victim to driving fatigue. Truck drivers are usually behind the wheel for much longer stretches than the average driver. As a result they are prone to developing driving fatigue which causes deterioration in their reaction times and often leads to deadly accidents. Consequently, laws have been passed that mandate the maximum amount of time that a trucker can drive in a 24-hour period as well as the maximum amount of time they can go without a break. In this way, the law seeks to be proactive in minimizing truck driving risks before they lead to accidents.

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Two Teens Suffer Major Injuries in Separate Crashes on Highway 76

Local Mother and Children Injured in Rear-end Collision

Interestingly, a CHP investigation into the accident concluded that Ward and not Vera, was responsible for the accident, finding that Ward made an unsafe turn into the bath of the truck.

Earlier this year, Vera and Randazzo Enterprises, his employer, paid $1.5 million to settle a different wrongful death lawsuit involving Vera. The investigation report into that accident also found that Vera was not at fault (but lawyers must have proven otherwise). Ward’s family intends to the same.

In a statement announcing the lawsuit, attorney John Feder said: “While the CHP was conducting its investigation, we brought in scientists and other experts to evaluate the circumstances surrounding Lauren’s tragic death, and the team disagrees with the CHP’s conclusion as to the cause. As a result, (her husband) Bob and the Ward children would like a jury to hear the evidence and decide.”

Many people do not realize that the written police report in an accident of any kind is hearsay. Accordingly, the investigation report by itself is not admissible to prove or disprove liability. The case must be proven independently, without regard for the police findings. And in many cases, due to time, training, and funding, the law enforcement investigators will reach erroneous conclusions.

Source: Mercury News

The San Diego car accident lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation.

An empty dump truck ran a red light on Monday and broadsided a small compact car, seriously injuring the woman driving the car. The accident occurred at SR-163 off-ramp to Kearny Villa Road.

According to witnesses, the woman entered the intersection on a green light, when the dump truck flew through the intersection, running the red light. The victim, 39, was taken to the hospital with serious injuries.

News reports do not state whether the dump truck driver was cited in the accident, or what may have been the cause. In these accidents, it is usually the inattentive and negligent driving on the part of the truck driver. The other, less likely cause, is some defect in the truck.

Source: San Diego 6

The San Diego personal injury attorneys at Walton Law Firm represent individuals throughout the region who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

He climbed the concrete steps into a bungalow office. Sweat poured down his frame, slight but for his potbelly. His wounded foot felt like it might give out, but this was his moment, the one he had been waiting for. He faced the company owner.
“One of your truck drivers ran me over,” he said.
Schulman expected an apology — and compensation. The man stared in apparent disbelief. Then he burst out laughing.
Schulman recalls the sting of what he heard next: “The only way you’re going to get anything is to sue me.”
He could hear their laughter as he limped away.

Well Schulman did sue, but it wasn’t easy. In a stroke of luck, he met attorney Gary Casselman the courthouse one day and the two struck up a relationship. Casselman, an experienced personal injury lawyer, agreed to take the case, and, as you can probably guess, things worked out for Schulman.

Take a look at the story. It’s a good example of how the system works, and why the contingency fee is so integral to our justice system. Without a fee arrangement where lawyers can get paid on the back end, people like Schulman – and countless others – would never get the justice they deserve.

Source: Los Angeles Times

The personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of incidents, including auto accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

According to news reports, the large pipe, which measured 25-feet long and 8 feet in diameter, was being transported to a local dam project. The truck carrying the pipe lost control on the interchange from SR-125 to eastbound I-8, and struck the barrier wall. The impact with the wall caused the huge pipe to break free and roll over the bridge, dropping 75 feet on top of the cab.

Inside the taxi was its 47-year-old driver and a 73-year-old passenger. The two were taken to local hospitals with undisclosed injures, but both are expected to survive…amazingly.

CHP officers investigating the accident are saying that the driver of the big rig was traveling at an excessive speed.

Source: 10News.com

The personal injury lawyers at Walton Law Firm LLP represent individuals who have been injured in all types of accidents, including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (760) 571-5500 for a free consultation.

The cause of the accident is currently under investigation, and it is still unclear if the accident was caused by driver negligence or whether the truck malfunctioned in some way. Anyone with information about the crash is encouraged to contact the Imperial County office of the California Highway Patrol.

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Source: San Diego Union Tribune

The San Diego truck accident lawyers at the Walton Law Firm represent individuals and families who have been impacted in all types of trucking accidents. Call 760-571-5500 for a free consultation.

The I-5/SR 78 exchange remained closed for five hours as the crash was investigated. The cause of the crash is still unknown, and the 1996 Freightliner will undergo a complete inspection to determine if malfunctioned.

Drugs or alcohol are not believed to have played a role in the big rig crash.

Source: SignOnSanDiego

The personal injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call 760-571-5500 for a free consultation.