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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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Are Boats Required to Have Insurance in California?

  California law does not require boaters to insure their boats. Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers

Bus Crash in Merced, California, Kills Four People

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Photo Courtesy of KCRA

A tour bus crashed into a sign pole on Highway 99 in Merced County, according to KCRA news. The sign pole split the bus down the middle, injuring all passengers except for four. The bus contained over 30 passengers, all of Mexican ancestry. Tragically, critical injury befell fifteen passengers, while twelve suffered only minor injuries. KCRA reports that four people, not five as previously reported, were killed. The driver, Mario David Vasquez, suffered major injuries. No brake marks were found at the scene of the crash, suggesting that the bus was moving at full-speed when it hit the pole. Sheriff Vern Warnke of Merced County reported to the Associated Press that many of those injured lost their limbs, and that those assisting on the scene carried away “bags of body parts” of those who survived.

Vasquez’s relatives reported that Vasquez had been mourning the death of his spouse and hadn’t been sleeping well as a result. They insist, however, that he wouldn’t have driven if he was too tired. The National Transportation Safety Board (NTSB) and California Highway Patrol (CHP) investigators arrived to investigate but state they will not determine the cause of the crash on scene. The NTSB expects the investigation to take approximately one week.

Tired Driving Statistics

According to a poll by the National Sleep Foundation (NSF), 60% of adult drivers, or about 168 million people, admitted to driving while drowsy in the preceding year. More than one-third admitted to actually falling asleep at the wheel. Four percent stated that they had been involved in an accident or near-accident as a result of drowsiness.

Estimates by the NHTSA (National Highway Traffic Safety Association) indicate conservatively that 100,000 crashes reported by the police directly result from driver fatigue. Young men are the most at-risk group for fatigue-related crashes, with males between the ages of 18 and 29 being most likely to drive while drowsy when compared to other age groups. Adults with children are another at-risk group, as are shift workers. The risk of an individual crashing, predictably, inversely correlates with the amount of sleep the individual had the night before.

Legal Rights of Those Injured

Bus drivers owe a heightened duty of care while driving due to the inherent danger of operating a large vehicle like a bus. If a driver breaches this duty (by driving while tired, for example), and this breach results in harm, the driver may be found liable for damages. Those harmed can recover a dollar amount that the court deems to be sufficient compensation for both the economic and non-economic harm caused.

Tragic Orland Car Accident Kills 15 Year Old

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On Tuesday, June 7,  a California Highway Patrol (CHP) officer crashed into stopped traffic in a construction zone on the I-5 in Orland, CA . The officer, distracted by his computer, failed to see the traffic slowing down ahead of him and rear-ended a Hyundai Elantra. The resulting crash tragically killed 15-year old Willows resident Weston Sites and injured two other teenagers, who were taken to Enloe Medical Center in Chico. CHP officers on the scene stated that a separate investigation team would be handling the investigation.

Distracted Driving Statistics

Distracted driving poses a significant risk to drivers everywhere. Using devices such as computers or handheld electronic requires visual, manual, and cognitive attention, thus increasing the likelihood of accident while driving. According to the National Highway Traffic Safety Association (NHTSA) , in the US in 2014 alone, 3,179 deaths and 431,000 injuries resulted from motor vehicle crashes involving distracted drivers. The National Occupant Protection Use Survey reports that approximately 660,000 drivers are using electronic devices at any given moment across America, and that this number has been consistent since 2010.

Legal Rights of Those Injured

Legally, drivers owe a heightened duty of care when compared to pedestrians due to the potential significant damage a vehicle can cause if misused. A driver’s breach of this duty of care subjects the driver to civil penalties such that the harm done to others may be mitigated. Those in Northern California suffering injury resulting from a distracted driving incident, or those whose loved ones have suffered such harm, would do well to seek the services of a Northern California personal injury attorney.

We extend our deepest sympathies to the family and friends of Weston Sites. We wish the injured teenagers the best in their efforts toward recovery.

I-5 Big Rig Crash Kills Driver: Hydroplaning A Cause?

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December 10, 2015- The California Highway Patrol (CHP) investigates a fatal big rig crash early Thursday morning in Sacramento. The crash occurred on Interstate 5 (I-5) at 6 am when a Fed Ex truck driver lost control, jumped the center divider and crossed into northbound traffic killing a pickup driver. The CHP does not know the reason for the crash but states hydroplaning on the wet roadway is a possible factor.

Driving in wet conditions can cause hydroplaning- when a layer of water builds between the tires of the car and the road surface, resulting in a loss of traction that prevents the car from responding to control inputs. Hydroplaning can occur even when the road is slightly damp. When the car hydroplanes, you should not immediately apply the brake. Braking without regaining traction causes the car to skid and lose control. If you are hydroplaning, ease off the accelerator, allow the car to decelerate enough to regain traction (once the wheels reconnect with the road surface), and then apply the brake smoothly.

How to recover from hydroplaning:

Driving safely during rain or snow is especially important for professional drivers. The weight and center of gravity of a big rig, truck and semi-truck play a part in controlling the vehicle while driving in extreme conditions. The center of gravity determines the safe speed for curves and turns.  The higher the center of gravity, the higher the chance the vehicle will tip during a curve. If a driver takes a curve too fast, they can lose control. For instance, tires can lose traction and cause skid. Under wet conditions, rigs are more likely to hydroplane decreasing their ability to steer or brake causing them to lose control.

Traction decreases on wet pavement whether or not hydroplaning occurs. All drivers should be careful and prevent their car from hydroplaning.

How to prevent hydroplaning:

If you have been harmed by the negligent actions of a professional driver, contact a dedicated personal injury attorney at Kershaw, Cook & Talley PC. Call us for a free case consultation at 888-997-5170.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

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“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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