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Entries in truck accident (3)

Wednesday
Mar142012

Big Rig Truck, Motorcycle, Construction Zone - Wrongful Death Case

Wrongful Death Attorney 

 

by David B. Bobrosky
(818) 907-3254

 

In our practice we deal with tragic accidents all too often.  While many people are significantly injured or sometimes killed in auto v. auto accidents, the most violent injuries occur in motorcycle accidents, big rig trucking accidents, and on construction sites.  And when all three are involved– it’s almost always deadly.

We were recently involved in such a case.  We represented a wonderful family who tragically lost their son when his motorcycle collided with a big rig truck.  The family was extremely close, and the loss was devastating for all of them.  

The accident occurred when the truck turned left out of a parking lot and entered the path of travel of our clients’ son.  He did not have time to react and his motorcycle collided with the truck, killing him.  The devastation was compounded by the fact that the investigating officer found our clients’ son – the motorcyclist – at fault for the accident.

The family came to us seeking answers.  They couldn’t understand how the accident could be their son’s fault when he was just proceeding straight when this truck blocked his right of away causing the accident. In reviewing the police report, the truck was turning left out of a parking lot across north bound traffic to head south.  The officer concluded that the trucker had entered the roadway and had essentially taken over the right of way from north bound traffic before finishing the turn to head south bound.

We immediately went to the scene of the accident to investigate, and noticed some very important factors: 

Van Nuys Wrongful Death1. The truck was not turning out of a typical driveway, it was turning out from a construction site.  This is very important because contractors and sub-contractors have strict regulations that need to be followed regarding safety.  Once in litigation, discovery showed that the truck driver was hauling material off of the job site. 

2.  Also, the driveway the trucker was turning out of was at the end of a sweeping curve.  When we put ourselves in his position, it was very difficult to see any traffic coming from his left to ever know if it was safe to turn.

Construction Site Safety

 

Safety is paramount to each and every construction project.  These safety requirements start with the State of California Construction Safety Orders established by CAL-OSHA.  These Orders establish minimum safety standards whenever employment exists in connection with the construction of any fixed structure.

The general contractor on any site is responsible for the overall safety of the jobsite and work environment.  Each contractor and worker involved in a construction project relies on the general contractor to establish the environment, framework and protocols within which they will work. 

Regardless of the general contractor’s responsibilities, however, each supporting contractor (e.g., a grading contractor) and equipment operator (e.g., the truck driver) is responsible for the safety of its own operations and equipment.  It is the responsibility of the general contractor to make sure each such supporting contractor and equipment operator is carrying out duties safely and complying with all safety protocols, rules and regulations.

The most glaring safety violations in relation to this tragic accident were the lack of signs and flaggers to notify and control traffic along the roadway adjacent to the construction site.  The use of warning signs and flaggers were required by CAL-OSHA Sections 1598 and 1599 when hazards exist because of traffic or haulage conditions at work sites that encroach upon public streets or highways.  Other standards required or recommended the use of flaggers as well, including: 

  • The Work Area Traffic Control Handbook (WATCH Manual)
  • Manual on Uniform Traffic Control Devices (MUTCD)
  • Manual of Accident Prevention for Construction (MAPC)

The use of flaggers and flagging has become a highly recognizable and important safety component of construction activity.  Because construction activity is temporary in nature, it calls for unexpected and unusual traffic to be moving on and off of the site. 

The large size of the vehicles that tend to be moving on and off of the site also added to the need for flaggers, as the vehicles require extra time to move across the roadway.  The need for flaggers in this situation was compounded by the large sweeping curve that made it more difficult for the trucker to see oncoming traffic, and difficult for our client's son and other drivers to see the truck exiting the parking lot.

Notwithstanding all of the regulations, standards, and industry practice related to signage and flaggers, the Defendants (including the truck driver and involved contractors), failed to provide any protection for motorists.  Once all of this information came out through litigation, the Defendants settled the case prior to a trial.

The settlement was an important step for the family on their road to recovering from this tragedy.  As we see time and again, such simple and obvious safety standards, if followed, would have prevented a tragic death.

David B. Bobrosky is a Wrongful Death Attorney in our Personal Injury Practice Group. Contact him via e-mail: dbobrosky@lewitthackman.com. 

 
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.

 

 

 

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.

 

 

LEWITT HACKMAN | 16633 Ventura Boulevard, Eleventh Floor, Encino, California 91436-1865 | 818.990.2120