car accident injury

When Negligent Repair of Auto Plays a Role in Crash

February 6, 2016 | Associates and Bruce L. Scheiner

Most of us depend on our vehicles to commute to work, school, our kids’ soccer practices and more. We can’t control the way everyone drives on the road, but we can ensure our own driving habits are optimal and that our vehicle is in good working condition.

Or can we?

We rely heavily on auto mechanics to make sure our vehicles run properly. In fact, when you entrust your vehicle to the possession of a mechanic for service or repair, it establishes something known as a “bailment relationship” or contractual relationship with the mechanic. This in turn gives rise to a number of professional and legal duties owed by the mechanic. These duties include:

Inspecting the vehicle to make sure it is not a danger to any driver;
Treating the care with reasonable care;
Avoid fraud, concealment or bait-and-switch tactics;
Refrain from making unauthorized or unnecessary repairs;
Not replacing or fully repairing broken or worn parts;
Installing the wrong replacement part;
Not noticing a major repair that needs done;
Performing the wrong repair or maintenance procedure;
Altering a vehicle in a manner that makes it illegal to drive;
Causing damage to other parts of the vehicle.

Investigation: Train That Derailed in Truck Crash Had Flawed Parts

January 12, 2016 | Associates and Bruce L. Scheiner

An internal investigation into a deadly train crash in Southern California, just outside of L.A., has revealed a number of the derailed passenger cars were equipped with defective parts. Specifically, two couplers and a “cow-catcher” broke when the train struck a large pickup truck and trailer that had gotten stuck on the tracks. That’s according to a recent report by the L.A. Times.

On trains, couplers are supposed to keep the cars together. The cow-catcher is affixed to the front of the train to catch cattle or other objects that may be in the train’s path and keep them from going underneath the train, which could cause it to derail.

The revelation, which came following release of an internal report by the train’s operator, Metrolink, coincides with an ongoing federal investigation into the February crash. Further, it may provide an additional avenue from which injured victims may seek compensation. The train’s engineer, age 62, died a week after the crash as a result of his injuries. A total of 28 passengers were transported to local hospitals with injuries that ranged from minor to critical. Additionally, two other crew members were hurt. Continue reading ›

Ray v. Draeger – Insurance Industry Connections With Crash Case Expert Witnesses

July 29, 2015 | Associates and Bruce L. Scheiner

In car accident lawsuits, it is not uncommon for both sides to present testimony from experts to prove their respective positions. Experts could range from medical doctors, who would attest to extent of injuries, causation of injuries and reasonable treatments for those injuries. Accident reconstructionists could attest to the nature and cause of the crash. Mental health experts could speak to the emotional trauma.

It’s also fairly common for insurance companies to consult the same experts over and over again. These expert witnesses are compensated for their time and travel.

This can raise questions of bias when insurers use the same witnesses repeatedly. In effect, these witnesses derive a substantial profit from testifying on a regular basis on behalf of insurance companies/defendants, and this may raise valid questions regarding the witness’s potential bias.

Bermudez v. Ciolek – Bicyclist $3.7M Injury Verdict Affirmed, With Modification

July 20, 2015 | Associates and Bruce L. Scheiner

An injured bicyclist will receive the $3.7 million a jury awarded him following a trial, although his damages were reduced by $46,000 based on an appeals court ruling that a portion of his damages wasn’t supported by the evidence.

According to California Appeals Court records in Bermudez v. Ciolek, two vehicles crashed at an intersection in January 2012. At the time, the traffic light was transitioning from green to yellow to red. One of those drivers (V1) was turning left while the other driver (V2), traveling the opposite direction, was trying to go straight.

After impact, V2 veered into a corner of the intersection and struck a bicyclist on the sidewalk.

Barneck v. Utah Dep’t of Transp. – Negligent Road Maintenance Alleged

July 13, 2015 | Associates and Bruce L. Scheiner

Negligent construction and/or maintenance of state and local roads can be grounds for civil litigation if it results in serious injury or death to those in motor vehicles.

A recent example was seen in the Utah Supreme Court case Barneck v. Utah Dep’t of Transp., which dealt with the collapse of a road caused by pooled water in a culvert. The collapse killed a 15-year-old and injured two people.

Anytime a plaintiff seeks compensation from a public entity, there are a host of potential roadblocks that must be overcome. Each state varies in its requirements for overcoming sovereign immunity, and it’s important for victims to be represented by an injury lawyer with extensive experience in this realm of law in order to succeed.