Motor Vehicle Accidents

Published on: March 2, 2015

San Bernardino County Dangerous Roadway Verdict

Interested jury verdict reported today regarding a San Bernardino County auto accident . The claim was brought on behalf of two persons injured driving along a county road in the desert near Barstow in the case of Branson et. al, v. County of San Bernardino and County of San Bernardino v. James Schult (Case No: CIVBS1200331) My summary and analysis as a San Bernardino traffic collision lawyer is as follows:

Facts of the Case: This case arose out of a single vehicle accident which occurred on a dirt road near Barstow. The driver, James Schult, was traveling down the towards a bridge over the Mojave river. Unbeknownst to him, the bridge had been washed out by a flood and there were no warning signs or other indication not to proceed and no berms or barriers that kept cars from traveling towards the washed out bridge. He crashed his truck in the ravine and both he and his passenger, Loren Branson, suffered serious bodily injury as a result.

Plaintiffs contended that the washed out bridge with no warning constituted a “dangerous condition of public property” for which the County of San Bernardino knew or should have known. The County contended that the condition was not “dangerous” and/or that they had taken sufficient measures to ensure the safety of travelers on the road.

Published on: January 7, 2015

Will giving driver’s licenses to illegal immigrants increase the uninsured motorists in California?

by Steven M. Sweat

California has one of the highest populations of illegal immigrants residing in the state of any state in the Union. In fact, it is estimated that the number of illegal aliens in California is somewhere between 2.5 and 3 Million (Reference: Los Angeles Almanac, 2011). After decades of debating the issue, the California legislature has decided that it would be better to allow these persons to obtain a driver’s permit and be legally sanctioned to operate a motor vehicle on the roadways of the Golden State than to continue to have unlicensed persons driving cars on our roadways. (See Los Angeles Times Article: “Historic Day as Immigrants in U.S Illegally Begin Getting Driver’s Licenses”). The question becomes: Will this increase the number of uninsured motorists on our California freeways and roads? Like any other driver, illegal immigrants are required to show proof of insurance as a pre-requisite to obtaining a driver’s license. However, like many other drivers in California, some choose to buy auto insurance prior to applying for a license and then let the policies lapse later. Whether this measure to allow licenses will increase the number of insured drivers or, by contrast, the number of persons who choose to operate without insurance or the number of people who choose low cost, low limits coverage is debatable. Presently the minimum liability protection one must purchase to be “legal” in CA is $15,000 per person and $30,000 per occurrence for bodily injury! This is hardly ever enough to cover the present and future medical expenses much less compensate for physical pain and mental anguish caused by any significant traffic collision.

What is the best way to protect yourself against uninsured motorists in California?

The answer to this question is simple: Make sure that your own auto insurance policy has uninsured motorist coverage! As I have blogged about numerous times, California actually requires each and every auto insurance policy sold in the state to contain both uninsured and underinsured motorist protection. UN-insured motorist (UM) provisions pay for personal injury (including medical expenses and pain and suffering) in the event you are involved in a collision with a driver operating completely without insurance. UNDER-insured motorist (UIM) coverage applies when you are hit by a driver that has a low limits policy which is less than your own limits of coverage. (For example: If the at fault driver has the state minimum of $15,000 for bodily harm and $5,000 for property damage and your own carrier has limits of $100,000 for injury and full repair or replacement value, you would be able to exhaust the $15,000 plus $5,000 limits and then seek the excess ($85,000 for personal injury and additional for car damage) from your own insurance carrier). These coverages are mandatory in the Golden State BUT they can be waived at the time of the sale of the insurance policy. Such waiver must be in writing and contain very specific language as required by the California Insurance Code. In my opinion as an attorney that represents auto accident victims in CA, I think you should NEVER waive this coverage! In fact, you should review your policy or at least the “declarations of coverage” information that is sent to you each year to make sure you have UM and UIM protection. This was always essential and now that there will be thousands more motorists on the road with the potential to have limited or no coverage, it is even more crucial to have this auto insurance protection!

Published on: December 11, 2014

Uber Wrongful Death Lawsuit Shows Flaws in Ride Share System

by Steven M. Sweat

Uber Technologies, Inc. has fast become the largest of a new breed of transportation companies commonly known as “ride-sharing” nationwide and especially in large urban areas like Los Angeles and San Francisco. Unfortunately, it appears that the growth of the company is outpacing the planning for safety and consumer protection. One high profile incident in San Francisco involving an Uber driver who struck and killed a 6 year old girl has now spawned both criminal charges against the driver and a wrongful death lawsuit against Uber. (See discussion here: Insurance Journal).

How do ride sharing companies operate in California?

Ride sharing is a good concept in theory. People “volunteer” to use their own vehicles to pick up and drop off passengers based through an app that is installed on a smart phone. It tracks where drivers are in relationship to potential passengers and allows people to request a “ride” at a moments notice as an alternative to calling a taxi. As I have discussed in other posts (see here), the California Public Utilities Commission (“PUC”) was one of the first public agencies to attempt to regulate these services and provide some basic requirements for operation. They enacted provisions which require Uber, Lyft, SideCar and others to conduct background checks on drivers, to train drivers on safety and to provide insurance above and beyond the limits of the auto accident policy for the vehicle or the driver.

Published on: November 13, 2014

Mercury Insurance Can’t Avoid Payment of CA Judgment Based Upon Claimed Exclusion

by Steven M. Sweat

Mercury Insurance is one of California’s largest auto insurance carriers. In a recent decision, Mercury Cas. Co. v. Chu, 229 Cal. App. 4th 1432, 178 Cal. Rptr. 3d 144 (2014) the Fourth District California Court of Appeal has upheld a $333,300 judgment despite protests by the insurance carrier that the claim was not covered.

Facts of The Case:

Mercury Casualty issued an insurance policy to Hung Chu insuring his automobile. Chu was driving with his roommate, Tu Pham, when Chu collided with another vehicle, injuring Pham. Pham filed a personal injury action against both Chu and the driver of the other vehicle. Mercury agreed to provide Chu with a defense to the lawsuit under a “reservation of rights” but, asserted that Pham’s injuries were not covered because Pham qualified as an “insured” under the policy due to the fact that he resided with Chu at the same address. The policy broadly defined an “insured” to include “residents,” defined as, “an individual who inhabited the same dwelling as the insured.” According to Mercury, the permitted exclusion authorizing auto liability insurance to exclude coverage for bodily injury claims brought by an insured applied and they should not have to pay the judgment against Chu by Pham.

Published on: October 10, 2014

Car Crash Resulting in Multiple Teen Deaths in Orange County CA

by Steven M. Sweat

A car crash resulting in multiple teen deaths in Orange County, CA was reported by the Los Angeles Times to involve the following all too common factors in traffic collisions involving younger persons as follows:

The auto accident happened at approximately 2:10 a.m. as the teens were returning from Knott’s Berry Farm.
There were five total occupants in the vehicle at the time of the crash (A driver and four passengers).

Published on: May 23, 2014

Paul Walker Car Crash Prompts Lawsuit Against Porsche

by Steven M. Sweat

paul walker death, california speeding laws, california auto accidents, los angeles car wrecks

Paul Walker dies in fatal car wreck in Los Angeles County California.

The Paul Walker car crash near Los Angeles last year has prompted a lawsuit against Porsche of North America. The lawsuit alleges various causes of action including negligence and strict products liability. (For full copy of complaint via PDF, click here). The legal action is brought by one of the survivors of Paul Rodas (the driver at the wheel at the time of the crash who was a professional race car driver). The suit also alleges false advertising claims and related violations of the California Business and Professions Code.

What does a plaintiff have to prove in an alleged product design defect claim in California?

Published on: May 6, 2014

Can A Delivery Truck Driver Be Liable for Negligent Parking

by Steven M. Sweat

Can a delivery truck driver be liable for negligent parking under the laws of the State of California? This was the question presented recently to the California Supreme Court in the matter of Cabral v. Ralph’s Grocery Company 179, Cal.App.4th 1.

Facts of the Case: A semi truck operator employed by Ralph’s Grocery Company pulled off the freeway in San Bernardino California to eat his lunch. He parked his vehicle in a dirt area alongside the interstate highway. He testified that he routinely parked in that spot to eat his lunch. At the request of the California Highway Patrol, CalTrans had previously placed an “Emergency Parking Only” sign near the area as it had become a spot where truckers were pulling off and stopping for non-emergency reasons. Plaintiff was traveling at a high rate of speed and inexplicably lost control of his vehicle and slammed into the rear of the tractor trailer and was instantly killed. There was no indication that the driver was intoxicated prior to the crash and the best speculation was that he may have fallen asleep at the wheel or had some medical condition that caused him to swerve off the road and collide with the semi truck.

Result of the Jury Trial: The jury found that the plaintiff was 90 percent at fault for the accident but, found that the Ralph’s truck driver and (vicariously) Ralph’s Grocer Company was 10 percent at fault for parking the truck in an emergency stopping area without exigent circumstances warranting such a stop. The defendant, Ralph’s, brought a Motion for Judgment Notwithstanding the Verdict (so-called “JNOV”). The trial judge granted the motion and nullified the jury verdict for wrongful death in favor of plaintiff’s surviving heirs.

Published on: March 5, 2014

California Highway Patrol Reminds Us – Drowsy Driving Causes Auto Accidents!

by Steven M. Sweat

California Highway Patrol has appropriately chosen this week (designated Sleep Awareness Week by the National Sleep Foundation) to remind Californians about the dangers of drowsy driving. For the latest year where statistics are available (2011), CHP estimates the following:

Sleep deprivation of drivers resulted in 3,700 accidents in the Golden State
Sleepy drivers caused 2,200 people to be injured

Published on: January 3, 2014

Paul Walker Crash Findings Show Speed Kills

by Steven M. Sweat

Paul Walker dies in fatal car wreck in Los Angeles County California.

The findings of the Los Angeles County California Deputy Coroner (see story here) have been released regarding the death of Fast and Furious star, Paul Walker. They are gruesome and telling of a car crash clearly caused by one, primary factor: excessive speed. The pertinent portions of the report state findings as follows:

The vehicle in which Walker was a passenger (a Porsche Carrera GT) was estimated to be traveling “in excess of 100 miles per hour” at the time of the crash.

Published on: January 2, 2014

Would Auto Detection Systems Prevent DUI Accidents in California and the U.S.

by Steven M. Sweat

The Insurance Journal reported recently that the National Highway Traffic Safety Administration, in conjunction with the Automotive Coalition for Traffic Safety ( a conglomerate of 15 automakers including all U.S. Manufacturers ) has extended an agreement to continue supporting research into an auto detection system for drunk drivers. (See Article here). The system dubbed “Driver Alcohol Detection System for Safety” (“DADDS”) is hoped to be able to automatically detect when a driver has reached the legal limit to operate a motor vehicle which is .08 blood alcohol content (“BAC”) and disable the vehicle without being affected by any other passengers in the vehicle who may also be legally intoxicated. Apparently, the technology is years away from being able to be deployed but, the research to date seems somewhat promising.

How big of a problem are drunk driving accidents in California

According to statistics maintained and provided by the California Department of Motor Vehicles, the Golden State averages approximately 175,000 – 200,000 arrests for driving under the influence of alcohol or drugs in any given year which result in approximately 140,000 to 150,000 DUI convictions. Fatalities resulting from consumption of alcohol or drugs by motor vehicle operators ranges between about 1,400 and 1,600 per year. Injury causing collisions where alcohol or drugs were involved ranges between about 30,000 to 35,000 persons per annum.