California Injury Attorney Blog

Last November, a Los Altos woman who was riding a bicycle in Portola Valley was struck and tragically killed when a truck hit her as she was traveling on property maintained by San Mateo County. The woman's family has filed a wrongful death action against the driver of the truck and the company that employed him. But the driver and his employer are seeking to make sure that the County pays for any judgment against them that might be awarded to the woman's family.

The defendants in the wrongful death case claim that the accident occurred due to a dangerous condition on public property. But it appears for now that the claim for indemnity could be rejected by the County, as they say the California Highway Patrol determined in their accident investigation that the truck driver made an unsafe turn and that the accident was not the result of any dangerous conditions. There were no eyewitnesses to the crash which occurred near an onramp to I-280.

On the other hand, the defendants in the wrongful death case say that the road is dangerous and poorly designed. And although a new investigation is still pending, there are some possible changes underway for the area in which the accident occurred. The County has met with the Silicon Valley Bicycle Coalition and has applied for grants to make changes to the area where the tragedy occurred.

As California injury lawyers, the attorneys of the California Injury Attorney Blog support all efforts to make roads safer for both bicyclists and motor vehicles. If we are to share the road, we must ensure the safety of all who travel, regardless of whether they are driving a truck, motorcycle, car or riding a bicycle.

We want to remind all readers to slow down, look carefully, and follow the law: do not use devices that can distract you from driving safely.

Hersh and Hersh has represented many clients dealing with injuries sustained in bicycle accidents, as well as motor vehicle accidents of all kinds. If you or a loved one have been injured in an accident, please contact us for a free consultation.

A few weeks ago, the Internal Revenue Service paid out a very large whistleblower award to an accountant who reported fraud on the part of his former company in the payment of federal income tax. The award was the first to be issued to a whistleblower by the IRS. As California whistleblower lawyers, we know the importance of these cases to the public welfare. Whistleblowers are people who have the courage to come forward when they see wrongdoing in their workplace.

Recently, a very different matter was settled with the federal government involving whistleblowers. Although the companies deny wrongdoing, DynCorp International Inc., the largest U.S. contractor in Afghanistan and its subcontractor have settled a case involving what the government claimed were construction work and other services that were not actually performed. The company has agreed to pay $7.7 million and its subcontracter $1 million, to resolve claims that costs for services that it was alleged to have performed in Iraq were inflated.

The lawsuit was apparently filed by former employees who became what are known as whistleblowers. They informed the government of the false claims for payment that were being made by these companies when services had not in fact been rendered. The whistleblowers will be receiving about $481,710 for their honesty in this matter.

In recent years, whistleblowers from San Francisco to New York City have become more common and well known. The whistleblowers involved in energy, banking, pharmaceutical and other industries have been rewarded when they advise the government that their companies are committing fraud or other wrongdoing.

The San Francisco whistleblower attorneys of Hersh & Hersh represent whistleblowers and can answer questions concerning the procedures and protections involved for employees who report fraud or other wrongdoing on the part of their employer. To learn more please contact our San Francisco whistleblower law experts to have a confidential consultation at no charge regarding your concerns.

The Sacramento Bee reported recently that an effort is underway in California to pass a consumer-related bill that would protect consumers from renting or buying a car from a rental car company that is subject to a federal safety recall.

California Assembly Bill 753 is supported by the mother of a young woman and her sister who were both killed in a tragic crash in Monterey County in 2005.

Carol Houck's daughters were killed in a head-on collision on Highway 101 when they were driving a rented Chrysler PT Cruiser that had been subject to a safety recall. Ms. Houck has been dedicated to getting legislation passed to protect drivers from what happened to her children.

The bill's author is Democratic Assemblyman Bill Monning of Carmel who is pushing for the legislation to ensure that all rental car companies are required to protect consumers from recalled cars that have not been repaired. Some companies have voluntarily decided to do this, but that is not enough according to Monning and Ms. Houck who is also involved with Consumers for Auto Reliability and Safety (CARS), which is pushing for the bill's passage.

The deceased sisters' family was awarded $15 million in a wrongful death case filed against the rental car company and its holding company that rented them the recalled vehicle. The vehicle in which the young women were killed, had been rented repeatedly, despite the federal recall for a potentially dangerous leak in the steering wheel hosing which was never repaired. The rental car company eventually admitted negligence.

Some rental car companies have changed their policies regarding recalled cars, but others say the legislation should be narrowed to include only recalled cars for major safety issues.

What is the National Highway Safety Commission's position on this issue? "All safety recalls resulting from defects present an unreasonable risk to safety." The California Injury Attorney Blog agrees.

The San Francisco law firm of Hersh & Hersh has a long history of improving the health and safety of the consuming public. We support legislative efforts that protect consumers and we have a long and stellar history of creating those protections for victims of injury.

If you have any questions about our representation of victims and their families in personal injury and auto accident cases, contact our California office to speak directly with one of our attorneys.

The New York Times and other news services reported last month on a major turn-around for parents and caregivers of young children with regard to car safety. The California Injury Attorney Blog often focuses on child safety and accident avoidance and wants to ensure that all parents and others are aware of the new recommendations that pediatricians have recently issued for infants and toddlers.

The new recommendation is that children should ride in rear-facing car seats until the age of two -- twice as long as was previously recommended. The prior recommendation was that infants could move to front-facing car seats at one year or 20 pounds.

The journal Pediatrics published the safety recommendation which is supported by research that found kids under the age of two years are 75% less like to die or suffer serious injury when they are seated facing the rear. Parents and caregivers can consult the safety chart on the healthykids.org site for specific information and guidelines.

The evidence is in - when infants and toddlers sit rear-facing, head, neck and spine injuries are less likely and/ or severe - especially when the impact is from the front of the vehicle. This is because sitting facing the rear, the force of impact is spread throughout the body.

When forward-facing seats are used correctly they also provide good protection. But unfortunately, many car seats are installed or used incorrectly which diminishes the protection.

Many forward-facing car seats are convertible and can be safely turned to the rear. Contact your manufacturer to determine whether that is the case with your child's car seat. But once your child has been facing forward, reversing that might not be so easy. We highly recommend that parents and caregivers take this safety measure to protect their little ones.

The California injury attorneys of Hersh & Hersh take pride in their preeminent work in child safety and infant protection. We have been at the forefront of some of the largest crib and bassinette recalls in United States history and have represented children and their families from around the nation in tragic matters such as wrongful death, as well as serious accident and injury cases. Please contact our law firm to talk with one of our compassionate lawyers, dedicated to the health and well-being of infants and children.

Many Americans get hip replacements every year. When these devices operate correctly, mobility and quality of life can be improved for patients who would otherwise be restricted.

Recently, DePuy Orthopaedics, Inc., recalled two of its ASR hip implant devices. This recall has and will lead to many difficulties for patients who have been implanted with these devices which is known to be defective.

Two types of Depuy ASR hips were recalled by the manufacturer. Between 2005 and 2009, nearly 95,000 patients were implanted with either the ASR XL Acetabular System or the ASR Hip Resurfacing System. The sheer numbers involved in hip replacement surgeries make a recall of these devices particularly disturbing.

These hip implants have been shown to deposit dangerous levels of metal debris in some patients' bodies and blood streams. This will result in high levels of particular metals in patients that include chromium and cobalt, among others. Friction occurs with these hip replacements, due to their metal-on-metal design and that is how the metals end up becoming debris in the patient's body.

The result of the defects is that many patients who were implanted with these devices will need to undergo another surgery to remove them. In these revision surgeries, the defective devices will be removed and will be replaced with another hip implant.

Sadly, many of the implanted patients are elderly and will have a difficult time with a second major surgery that will be required. Regardless of age, this is a major surgery and having to have a second hip surgery due to a defect in the implant, is a terrible outcome for those patients that will have to undergo this ordeal. In addition to the issues with metals in the blood, patients have experienced pain, hip popping, difficulty walking and many other symptoms.

Given that the manufacturer will not compensate patients at the level needed for long-term care, surgeries, lost wages and/or emotional distress, it is very important that patients who have been implanted with the DePuy hip replacement implant contact experienced defective medical device lawyers.

If you have been implanted with a DePuy hip and are experiencing symptoms contact our injury law firm immediately. If you have not yet experienced symptoms, but would like to know your rights Hersh & Hersh can help. Contact us to arrange a free consultation with an attorney experienced in defective medical device litigation.

Over a decade ago, the National Transportation Safety Board made recommendations for bus safety, but the Transportation Department did not implement them and Congress did not act either. Now that bus crashes have taken the lives of many from skiers to college baseball players to slot machine seekers -- Congress is interested in safety legislation.

California bus accidents and deaths have taken a toll as well. In 2009, five people were killed and 38 injured in a tour bus accident involving mainly French nationals. In July 2010, a Greyhound bus traveling from Sacramento to LA ended up crashing with sixth deaths. These are only examples of what is becoming a common tragedy.

In fact, so many people have been killed or seriously injured in California and across the nation when a bus accident does occur, it is impossible to continue to ignore the safety issues. One basic recommendation has been around for a long time, installation of seatbelts in buses. Another recommendation includes the use of recorders that track how long a bus driver has been driving. Another still another calls for stronger roofs, windows that can be opened and more advanced glass windows that are less likely to injure passengers in an accident.

One chilling statistic is hard to ignore. Deaths occur in bus or motor coach accidents due to rollovers and most of those deaths happen because passengers are ejected.
The safety board plans to hold hearings soon on the implementation of the recommendations made so many deaths ago.

Although Transportation Secretary Ray LaHood has a plan to implement the recommendations, only one has been put in place. No texting by bus or truck drivers while driving. Apparently, the Secretary is working with police in over ten states with what the AP called "surprise bus inspections."

New driver testing standards are also in the works, as are ways to avoid testing fraud. Drivers apparently also have a lot to do with bus crashes. In fact, the NTSB says that 60 percent of deadly bus crashes relate to issues with drivers.

Although the current administration is reported to have greater enforcement than the prior one, there is much more to do to stop bus accidents and deaths. It would cost nearly $90,000 to implement new safety standards in new buses. But many believe that consumers would be willing to pay more to ride a bus they know is safer.

California injury and consumer law firm, Hersh & Hersh has represented those injured in bus and other motor vehicle accidents for decades. As a highly-respected injury and consumer firm, the lawyers of Hersh & Hersh have a dedication to clients and their families that is unsurpassed. Please contact our offices for a free consultation with one of our experienced injury trial lawyers.