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Entries in car accident (7)

Wednesday
Feb012012

Train Accident Tragedy: Dangerous Road & Railway Crossing Made Safer by Litigation

Injury AttorneyTrain Accident Lawyer

 

by David B. Bobrosky
(818) 907-3254

Many times dangerous conditions or negligent conduct are not changed until someone is injured and a lawsuit is filed.  

As part of a continuing series of articles on the Lewitt Hackman Personal Injury Blog, Lewitt Hackman attorneys will identify dangerous conditions or conduct from cases they have handled in the past, and how the conditions or conduct was changed as a result of the lawsuit. Below is such a case. 

Train Accident Attorney

A Dangerous Road & Railway Crossing

 

Our client was on the way home from work to have dinner with his wife, as he had done for the past 25 years. He traveled west down an old road that he had driven many times before.

As he traveled, he approached a railroad crossing from the east. When he approached the railroad crossing, another driver approached the crossing from the west. The intersection where the tracks cross the road is an “S” curve, with the railroad tracks in the middle of the “S.”  Unfortunately, there were no edge lines, lane lines, botts dots, or other signs guiding drivers through the intersection to safely follow the curve and stay in their own lane. 

The other driver, based on all accounts, failed to identify and negotiate the “S” curve and his car crossed into our client’s lane and struck his car head on. Our client’s car was stopped on the tracks, and severely damaged. 

Shortly after the collision, the signals started going off and the crossing arms came down – a train was coming. Despite a severely fractured leg, our client exited his vehicle through his window. Tragically, he was not able to completely escape and he was killed when the train plowed into him and his car. He was survived by a wonderful wife, and three great adult children.

When hired by his family, our office immediately investigated the scene of the accident. During that investigation, we determined that the accident was mostly caused by the dangerous condition of the railroad crossing. It was difficult for a driver to discern the curve, causing the driver to cross over into the other lane of traffic. Because this was not a heavily travelled area, there were no reports of other significant accidents. 

You can see a photo of the railroad crossing shot from a plane we hired to fly above and take photographs immediately after the accident in the image above. As you can see there are no lane lines guiding drivers through the crossing. 

A short time after the accident, the City painted lane lines as shown in this follow-up photograph, below right.Los Angeles Accident Injury Lawyers Making a Difference

As can be seen from the photographs, just the painting of the lane lines makes the curve significantly safer – and possibly would have prevented this tragic accident.

As part of our case, we hired traffic engineers to prepare renderings of what a safe crossing should look like, with additional lines and warning signs before and throughout the curve. After our case was settled, the City essentially made all of the changes suggested by our engineers. 

As with every case we handle, we attempt to obtain a fair recovery to compensate our clients for the injuries suffered as the result of another’s negligence. Equally important, is that our efforts result in dangerous conditions or conduct being changed so similar accidents do not happen again. We achieved both goals in this case. 

David B. Bobrosky is a Los Angeles Personal Injury Attorney experienced in train accidents and dangerous roadway cases. Contact him via e-mail: dbobrosky@lewitthackman.com, or by phone: 818.990.2120.

 

 
Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

 

 

Friday
Nov042011

A Car Accident in Los Angeles – Three Steps You Must Take

Injury AttorneyAccident Attorney 

 

by David B. Bobrosky

(818) 907-3254

 

When you have a car accident in Los Angeles (or anywhere else in the world) it’s often difficult to think clearly about the important steps you need to take to keep you, passengers and other drivers safe immediately afterwards.

 

First, according to California law, you must stop immediately after the accident. If not, you could be charged with a hit and run.

Once stopped, you’ll need to do three things.

First, your basic survival instincts should remind you to get off the road and to stay out of harm’s way. Rubberneckers are prone to causing serious, secondary accidents. We once represented a woman who was struck by a big rig while she was standing outside her car after a minor accident.

The second step is to check to see if anyone has been injured and to call for help if someone did experience anything from minor to extensive injuries, or if they seem to be in a state of shock. My advice is to call the police after every accident. But you’ll find that they usually will not respond unless you tell them someone is injured or the other party is not cooperating in the exchange of information. 

The third step, which often gets lost in the immediacy of the situation, is to document everything that happened.

Steps one and two protect you in the “here and now”. Step three will help you later, particularly in the case of future litigation, financial claims, and/or developing injuries.

California Accident Law – Handle the Legal Requirements First

 

If you’re involved in a car accident in California, you must present your driver’s license, vehicle registration, proof of insurance and current address to the other drivers involved in the accident.

If you don’t have one of our brochures available but you have a smart phone with a decent camera AND if the other drivers will allow you to do this, take photos of the other drivers’ information, ensure all of the text is in focus, and immediately e-mail the photo to yourself so it won’t get lost. Otherwise, grab pen and paper and start writing.

Accident Photos Speak a Thousand Words

 

Once you have everyone’s information, start taking photos of the scene. Get wide shots of the area (include street signs, stop signs, traffic lights, etc.) as well as close up images of anything damaged (yours and theirs), and license plates of the cars involved.

Try to get pictures of the cars before they are moved, if you can, but do not put yourself or others in danger in an attempt to get photos.

Accident Avoidance: Stay Safe When Driving

 

The ideal situation when driving is to do everything you can to avoid a car accident in the first place. You can do this by staying constantly aware. That means no eating, drinking or applying cosmetics while driving, and no using your cell phone while driving. In other words, no driving while distracted, or DWD.

It also means “driving defensively,” especially when you spot others “multi-tasking” on the road.

Sometimes though, no matter how careful you are, things just happen. If you’re involved in a Los Angeles car accident,

1. Get yourself and others to safety.
2. Check for injuries sustained during the accident, and potential dangers arising at the accident scene.
3. Document everything.

You can reach David B. Bobrosky in our Personal Injury Practice Group by dialing 818.990.2120.

 

 
Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

 

 

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