Bus Driver Arrested After Las Alamos Bus Crash
- Posted by Taylor Ernst on
- January 19, 2019
According to KSBY, Laur Mae Gish, age 50, of Goleta, was arrested Friday afternoon for being under the influence of a controlled substance after crashing a passenger bus carrying 25 people. The crash reportedly happened on US Highway 101, just a few miles north of the Highway 154 interchange.
According to reports, at least six passengers were taken to the hospital with various injuries. The bus drifted to the side of the road, hit a tree, and flipped onto its side. With many buses not providing seatbelts for passengers, this type of crash can have devastating consequences, including broken bones and traumatic brain injuries.
Any driver is responsible for negligent driving, but a bus driver owes an even higher standard of care. In California, a Common Carrier must use the “highest care and vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers.”
In addition to the driver, the employer is most certainly also liable for the crash. The driver was no doubt driving in the course and scope of her employment, which makes the employer vicariously liable.
Another key determination will be the drug use history. A bus company has a duty to drug test drivers on a random basis. Employing a driver with a drug use history is a violation and can lead to punitive damages.
If you have been injured in a commercial vehicle crash, contact the personal injury attorneys at Ernst Law Group today at (805) 541-0300.
Back to School Safety Tips
- Posted by Taylor Ernst on
- September 26, 2018
It’s that time of year again: the kids are back in school. While there are no doubt a lot of relieved parents, there are also increased safety issues with the kids on the road to and from school. Every year, at least 100 children are killed in collisions while to and from school. In California, the speed limit in school zones when children are present is 25 MPH.
Many of us drive our kids to and from school. Here are some safety tips to follow to make sure the school zone stays safe.
If You’re Dropping Off
Schools often have very specific drop-off procedures for the school year. Make sure you know them for the safety of all kids. The following apply to all school zones:
- Don’t double park; doing so blocks visibility for other children and vehicles.
- Don’t load or unload children across the street from the school.
- Carpool to reduce the number of vehicles at the school.
Sharing the Road with Young Pedestrians
Some of our kids walk to and from school, which creates different safety risks.
According to research by the National Safety Council, most of the children who lose their lives in bus-related incidents are 4 to 7 years old, and they’re walking. They are hit by the bus, or by a motorist illegally passing a stopped bus.
A few precautions go a long way toward keeping children safe:
- Don’t block the crosswalk when stopped at a red light or waiting to make a turn, forcing pedestrians to go around you; this could put them in the path of moving traffic.
- In a school zone when flashers are blinking, stop and yield to pedestrians crossing the crosswalk or intersection.
- Always stop for a school patrol officer or crossing guard holding up a stop sign.
- Take extra care to look out for children in school zones, near playgrounds and parks, and in all residential areas.
- Don’t honk or rev your engine to scare a pedestrian, even if you have the right of way
- Never pass a vehicle stopped for pedestrians.
- Always use extreme caution to avoid striking pedestrians wherever they may be, no matter who has the right of way.
Sharing the Road with School Buses
If you’re driving behind a bus, allow a greater following distance than if you were driving behind a car. It will give you more time to stop once the yellow lights start flashing. It’s illegal in all 50 states to pass a school bus that is stopped to load or unload children.
- Never pass a bus from behind – or from either direction, if you’re on an undivided road – if it’s stopped to load or unload children.
- If the yellow or red lights are flashing and the stop arm is extended, traffic must stop.
- The area 10 feet around a school bus is the most dangerous for children; stop far enough back to allow them space to safely enter and exit the bus.
- Be alert; children often are unpredictable, and they tend to ignore hazards and take risks.
Sharing the Road with Bicyclists
On most roads, bicyclists have the same rights and responsibilities as vehicles, but bikes can be hard to see. Children riding bikes create special problems for drivers because usually they are not able to properly determine traffic conditions. The most common cause of collision is a driver turning left in front of a bicyclist.
- When passing a bicyclist, proceed in the same direction slowly, and leave 3 feet between your car and the cyclist.
- When turning left and a bicyclist is approaching in the opposite direction, wait for the rider to pass.
- If you’re turning right and a bicyclists is approaching from behind on the right, let the rider go through the intersection first, and always use your turn signals.
- Watch for bike riders turning in front of you without looking or signaling; children especially have a tendency to do this.
- Be extra vigilant in school zones and residential neighborhoods.
- Watch for bikes coming from driveways or behind parked cars.
- Check side mirrors before opening your door.
By exercising a little extra care and caution, drivers and pedestrians can co-exist safely in school zones.
Speak to a San Luis Obispo Attorney Today
If you or your child has been injured in an accident in a school zone, you have legal rights. Contact the San Luis Obispo personal injury attorneys at Ernst Law Group today for a free, no-obligation consultation.
Safety Tips for Those Electric Scooters You See Everywhere
- Posted by Taylor Ernst on
- September 4, 2018
FAST FACTS
- More than 67,000 people were seen in ERs in 2009 due to electric scooter related injuries.
- Wearing a helmet can (more…)
The Psychological Effects of Paraplegia
- Posted by Ernst Law Group on
- August 20, 2018
Paraplegia is paralysis of the lower extremities caused by a spinal cord injury most often resulting from a severe trauma. The trauma causes the spinal cord to become damaged, bruised, lacerated or severed. The resulting paralysis, which can be partial or complete, strongly affects the individual’s quality of life — including their mental health.
Paraplegia’s impact on the person has been debated. There are definite psychological effects of spinal cord injury but they are unique to each person. Studies indicate that the sudden and often severe change in the individual’s lifestyle can lead to depression and, in some cases, post-traumatic stress disorder (PTSD).
These findings are not surprising when one considers the circumstances often surrounding the spinal cord injury causing paraplegia.
Trauma, Paraplegia and Mental Health
The majority of individuals who suffer a severe spinal cord injury are involved in an unexpected and traumatic accident or event. Circumstances can range from automobile accidents to on-the-job injuries and even violent crimes. It’s not uncommon for accident victims to experience nightmares and flashbacks, common symptoms of PTSD. Paralysis may compound these feelings.
Individuals coping with paraplegia due to trauma experience a wide range of emotional changes. Studies indicate they are anywhere from 2 to 5 times more likely to experience uncontrollable and life altering:
- Tension
- Depression
- Anger
- Fatigue
- Confusion
- Anxiety
A number of factors contribute to spinal cord injury emotional effects. And while support from family and friends can provide a solid support group, sometimes external factors create seemingly uncontrollable and insurmountable challenges when dealing with paralysis.
For example, an individual hurt while on the job due to a fall or equipment accident is sometimes treated unfairly by the corporation or company they work for. If they are let go, fired or denied compensation by the company, the individual is at a higher risk of depression — especially if their ability to afford or continue their insurance policy is at stake.
Financial burden is often heavy for individuals when they are healthy. It becomes even heavier when they suddenly find themselves incapable of returning to work due to paraplegia.
The loss of leg functionality and independence can be devastating. Although the individual can regain some functionality and independence through rehabilitation, chances are they will forever be dependent on some type of assistance. For fiercely independent individuals, this chance can spiral into depression.
Adjusting to Paralysis After a Catastrophic Accident
There is an adjustment period when a person suffers from such a devastating injury as paralysis. The period of adjustment can last for weeks, months or even years depending on the person’s injury, support system and more. A person needs to build a new life after a spinal cord injury.
In the immediate days following a paralyzing injury, a person will deal with emotions that change rapidly. They may begin to doubt if they will be able to be productive or wonder if their life is worth living. A person may worry about losing independence and having to depend on others for their care.
Once a person begins to learn what it means to be a spinal cord injury patient, they will begin to understand that there is life after this type of injury and that they can, indeed, be productive, only in alternate ways that they were used to before the accident occurred.
After a person adjusts to their injury and the idea that their life has changed, they will begin to incorporate new skills into their life. They may work to re-establish themselves, their friends and their family.
A person may begin to develop new interests and hobbies once they have come to terms with their injury. During this stage, people begin to explore their new lives.
Chemical Use and Dependency
It is not unusual for someone who experiences negative psychological effect of paraplegia to turn to turn to alcohol or drugs as a way of coping with their stress, anxiety or depression. It’s important to know that alcohol and drugs can make depression worse, even though a person may think they feel better.
Drugs and alcohol may also interfere with prescription medications.
Support from Family and Friends
Support from friends and family is imperative for a person dealing with a spinal cord injury and paralysis. If you know someone who has suffered this type of injury, understand that they will go through many emotions and even a grieving process.
Don’t lose your patience. Your loved one needs your support now more than ever.
Protect Your Rights with the Help of a San Luis Obispo Spinal Cord Injury Attorney
Unfortunately, many paraplegics are subjected to unnecessary stress due to unfair and unwarranted treatment that results in loss of income, loss of benefits and a complete disregard for their rights and entitlements.
The truth is that most people don’t know what their rights are or what they are truly entitled to. As a result, big corporations and insurance companies take advantage of their lack of knowledge.
If you or someone you know is an accident victim coping with paraplegia, it is vital to enlist the assistance of a San Luis Obispo spinal cord injury lawyer capable of ensuring that individual rights are upheld and proper entitlements are issued. You have legal rights and options to be aware of and the at-fault party must be held accountable for their negligence.
Ernst Law Group has over 35 years of experience. Not only do they work with individuals coping with paraplegia, but they also represent individuals against insurance companies or large corporations in personal injury cases. Contact us online or call us at (805) 541-0300 today for a free, no-obligation.
Staying Safe in San Luis Obispo on the Fourth of July
- Posted by Taylor Ernst on
- June 21, 2018
In the state of California, fireworks are divided into two categories: “Dangerous fireworks” and “safe and sane fireworks.” Dangerous fireworks include larger sparklers and rockets. Safe and sane fireworks include snap caps, fountains and spinners. You can find a more comprehensive list on the Office of the California State Fire Marshal website.
If you don’t have a special display license, dangerous fireworks are illegal for your use. Typically, the only people who can secure a special display license are pyrotechnic operators who put on holiday displays. You may, however, legally purchase those fireworks on the safe and sane list provided you are 16 years of age or older.
A person who is charged with and found guilty of purchasing or using illegal fireworks in California is subject to a year in a county jail and/or a fine of no more than $1,000. It may be considered a felony depending on the number of fireworks a person has in their possession.
Even if you purchase safe and sane fireworks with the intent of setting them off on the Fourth of July, safety is important. Follow these tips to ensure that you and those enjoying the evening are safe.
1. Know How to Use the Firework
Most fireworks involve some sort of ignition, but not all do. It’s important that you know what you are working with. If you attempt to ignite a firework incorrectly, you are putting yourself at risk. Always read the instructions included with the fireworks you purchase to be sure that you are using them in the intended manner.
2. Keep Water Nearby
No matter what type of fireworks you will be using, you should keep a bucket of water nearby. Extinguish the fireworks completely in the bucket before you put them in the trash bin. Another good idea is to keep a hose ready to use in the case that a spark ignites anything laying on the ground in the area.
3. Keep People Back
It’s always safest to keep people out of the general vicinity when you will be lighting off fireworks of any type. If the firework has the potential to move or explode, there is a risk to anyone standing nearby. If you are using something simple like snap caps, there is very little danger but still safety precautions that should be taken, such as not throwing the caps at anyone’s person.
4. Out of the Hands of Minors
You may trust your preteen to handle fireworks, but that doesn’t make it legal. It is a crime to allow someone who is too young to purchase safe and sane fireworks to use them. Don’t allow anyone under the age of 16 to use the fireworks.
Talk to a San Luis Obispo Personal Injury Attorney Today
If you are injured by a firework in San Luis Obispo due to someone’s negligence, error or reckless behavior, reach out to our team of experienced personal injury attorneys. We will review the details of your accident and advise you of your legal options. Call our office to schedule a free case evaluation.
How to Prepare for a Landslide
- Posted by Taylor Ernst on
- May 14, 2018
Landslides are an environmental danger that could very easily take your life and the lives of those you love if you are not prepared. While you certainly cannot prepare for all of life’s dangers, this is one that you can survive if you know what to look for and how to respond. Living in California, or anywhere with steep landforms and wet weather, means that you need to be prepared for the possibility of a landslide.
Warning Signs
Most landslides don’t occur “out of nowhere.” There are plenty of signs that a slide may be imminent. These warning signs include:
- Saturated ground that does not receive regular moisture
- Newly appearing cracks or bulges in the ground
- Soil that has moved away from foundations of homes or other buildings
- Structures like telephone poles and trees that begin leaning to the side
- Sunken road beds
- Rapid increase in creek or river water levels
- Sudden decrease in creek or river water levels after rain has stopped
- Doors and windows that suddenly stick
- Unusual sounds outside: boulders clicking together, trees cracking, a rumbling
Where Landslides are Most Likely to Occur
There are areas that are more likely to experience a landslide than others. These areas include:
- Where a landslide has already occurred
- At the base of slopes or minor drainage hollows
- At the base or top of a cut or fill slope
- Hillsides where leach field septic systems are located
Landslides are least likely to occur on non-jointed bedrock, on flat areas that are set back from the tops or bottoms of slopes, and along the nose of ridges.
How to Prevent a Landslide Near Your Home
Before you build or purchase a home, have the property assessed by a professional. Get a geologic survey, and ask about landslides that have occurred in your area. Once you have purchased a property, look at how the rainwater flows and collects. If you notice that rainwater is collecting, it may be in your best interest to contact a professional to discover the source of the problem.
Know where you should go if a landslide occurs. You should also know how residents are informed of landslides. Develop an emergency plan for your family just as you would develop a plan for a fire or weather hazard.
You can build retaining walls on your property or plant ground cover to hold the dirt together. If you have a path for water runoff that you eventually notice, build deflection walls or channels. Use flexible piping under the ground that is resistant to breakage.
There are a variety of things you can do to make your home and property safer should a landslide occur. Speak with a local building inspector to see what they suggest. In the event that a landslide couldn’t be prevented or seen coming, you may be able to save your life and property.
If you are injured in a landslide or involved in some type of accident because of a landslide in San Luis Obispo, reach out to our personal injury team. We will review the details of your incident and help you determine if someone should be held liable for your financial losses. Call our team of experienced personal injury lawyers today.
Personal Injury and Wrongful Death Statistics
- Posted by Taylor Ernst on
- May 7, 2018
The Center for Disease Control and Prevention recently released comprehensive statistics for both fatal and non-fatal injuries. From 2010 to 2016, one of the leading causes of death across all age groups was unintentional injury, with 949,519 deaths reported. In 2014 alone, over 2,600,000 deaths were reported in the United States. The 4th leading cause of death was accidental injury. These deaths include everything from accidental falls or injuries at home to car wrecks and injuries on public property.
While alarming, these statistics tell only one side of the story. In addition to the horrible personal losses, each of these deaths caused a significant economic loss component as well. According to the CDC, in 2014, each death in California caused a per capita economic loss of $538 per person, for a total economic loss of $20,894,000,000.
How Civil Litigation Can Decrease These Death Totals
Such staggering numbers highlight the magnitude of the death of a loved one, and the importance of using civil litigation as a deterrent. For example, a large verdict against a trucking company can bring about significant changes in the way that company does business. We have seen trucking companies agree to new and improved training for drivers, and even reduce the scheduled runs to avoid fatigued driving.
However, it is less than certain that in your civil case you will be allowed to argue deterrence as a factor in the verdict your lawyers ask the jury to return. Defense lawyers often argue that deterrence is not a relevant factor of damages and that any verdict must be based solely on the injuries and damages in your case.
The Arguments For Deterrence
Fortunately, there are good arguments on our side of this issue. Deterrence is not at all synonymous with punishment. Instead, deterrence is an attempt to prevent careless and harmful conduct from occurring again. After all, conduct rewarded is conduct repeated. There are those in the insurance defense bar who would equate deterrence with punitive damages, but traditional black letter law finds the two concepts fundamentally different from each other.
The defendant should be “deterred” by the jury and awarded a full and fair verdict. The plaintiff must be able to put on proof and argue this purpose to the jury for a full and fair verdict. To say this amount is a cry for punitive damages is tantamount to stealing ten dollars and screaming “foul” when you are forced to pay the full ten, not five, dollars back in restitution.
The Restatement of Torts
The Restatement (Second) of Torts § 282 defines negligence as “conduct which falls below the standard established by law for protection of others against unreasonable risk of harm.” The Restatement (Second) of Torts § 285 says that:
“the standard of conduct of a reasonable man may be (a) established by a legislative enactment or administrative regulation which so provides, or (b) adopted by the court from a legislative enactment or an administrative regulation which does not so provide, or (c) established by judicial decision, or (d) applied to the facts of the case by the trial judge or the jury, if there is no such enactment, regulation, or decision.”
In addition, § 328C highlights the function of the jury in a negligence action to determine whether the defendant has conformed to the standard of conduct required by law, as well as the amount of compensation for legally compensable harm. In the Reporter’s Notes to Section 3, comment D, of the Third Restatement of Torts— Physical and Emotional Harm (2010), the deterrence function of tort law is recognized as one of the “considerations to be balanced” against the foreseeable risk created by the actor’s conduct.
The Benefits of Including The Restatement of Torts in A Personal Injury Case
Not surprisingly, the other “consideration to be balanced” against this foreseeable risk is safety incentive. According to the Fifth Edition of Prosser and Keeton on Torts, “the law of torts is concerned not solely with individually questionable conduct but as well with acts which are unreasonable, or socially harmful, from the point of view of the community as a whole.” When we are able to include a deterrence argument in our cases, the likelihood of an increased verdict is improved. The jurors feel vested in the outcome, and they have a personal stake in the verdict.
At Ernst Law Group, we have decades of experience arguing cases before juries. If you would like to speak with us about our trial record, please feel free to call us at (805) 541-0300.
What Does An Insurance Company Consider To Be An "Act of God"?
- Posted by Taylor Ernst on
- April 23, 2018
Most homeowners have heard about “acts of God,” but many may not know exactly what it means. Insurance policies cover certain problems for people who own homes and vehicles, but they may exclude others. For example, if your roof caves in due to a lack of maintenance or attention, your insurance company will most likely not cover the repair costs. On the other hand, if a hail storm damages your shingles, your insurance company may foot the bill to have them replaced.
An “act of God” is a natural event that cannot be prevented. You don’t know it’s coming and even if you did, there is nothing you can do to stop it. Damage caused by a tornado, an earthquake, a hailstorm, a hurricane or other naturally-occurring catastrophes would be covered. Here’s some more information about what your insurance company may consider an “act of God.”
Your Comprehensive Coverage
You may be covered for a loss under the comprehensive portion of your policy if the damage is caused by a bird, a fire or falling objects. You may also be covered if the damage is the result of a criminal act, riot or some type of storm. You can always ask your agent about what is covered under the comprehensive portion of your policy.
Your Liability Coverage
In some cases, your insurance company may deny your comprehensive claim and tell you that you have to file the claim under a different portion of your coverage. That coverage may be your liability coverage.
Liability coverage will pay out for damage to your property if a neighbor’s tree falls on your garage, a neighbor’s dog runs into the road and causes you to be involved in a collision or various other scenarios.
Your Collision Coverage
If you don’t have comprehensive coverage for your car, you may be able to use your collision coverage if you are involved in an accident caused by an “act of God.” It’s important to ask your agent how using collision coverage may impact your insurance rates. This is an important step because it can have a negative impact in some cases.
Know the Exceptions
Even in cases where an occurrence would be considered an “act of God,” your insurance carrier may not provide coverage. These exceptions typically involve incidents that have a high probability of occurring in your area. For example, if you live in an area that is prone to flooding, your insurance carrier may require an additional rider or refuse your claim. If you live in an area of the country that experiences frequent hurricanes, your claim may be denied. If you don’t have coverage for the particular type of storm damage, your claim may also be denied.
If you have experienced damage or injury in San Luis Obispo through no fault of your own, you may be entitled to compensation for your financial losses. We are experienced representing people just like you, and we will fight to get you what you deserve. Reach out to our office today to schedule a free case evaluation, and learn more about what we can do for you and your family.
Who’s Liable in a Train Accident?
- Posted by Taylor Ernst on
- March 26, 2018
When a train accident occurs, it typically makes the headlines. This is because they don’t occur often. Unfortunately, though they aren’t common, train accidents often result in fatalities. When a person dies, they maintain their legal rights. If a loved one has passed away due to injuries sustained in a train accident, you and other surviving family members have the right to hold the responsible parties accountable.
Common Carriers
In legal speak, trains are considered a common carrier. This means it is a vehicle that transports goods or people and charges for that service. As a common carrier, a train company has a higher duty of care when it comes to the safety of its passengers.
When a family sues a train company, like Amtrak, for an accident, the company is held to that standard of care. Common carrier liability is often named in the lawsuit. It stands to reason that these companies should be, and are, held to higher expectations when it comes to maintaining and operating their vehicles.
Costs Associated with a Train Accident
When a train accident occurs, the medical bills for a victim of the accident can become astronomical. Unlike a car accident where typically only a few people incur injury, a train accident can result in the injury of dozens, even hundreds, of people. When you consider the costs of medical care, lost wages and funeral costs needed for these victims, it becomes apparent why lawsuits ask for hundreds of millions of dollars in compensation.
Amtrak receives government funds, but it is still liable for any lawsuits filed against it. Even though this is the case, the government has put a cap on Amtrak’s liability at $295 million. This means that no matter how many people are injured or killed, the train company will not pay out more than that in total.
You Have Rights
Despite the cap on Amtrak’s liability, if you are injured in an Amtrak train accident or a loved one is killed in an accident involving one of the company’s trains, you have rights. You absolutely have the option to file a personal injury lawsuit or a wrongful death claim. Your family should not suffer financial difficulty because of an accident that you had no control over.
If you have been the victim of a train accident in San Luis Obispo, please reach out to our office. We will help you schedule a free case evaluation and advise you of your legal rights and options. You should not face financial difficulty because of such an accident nor should you have to struggle to pay funeral costs for a loved one. Call our office today and speak with a member of our team to arrange for your consultation.
How to Hire a Lawyer for Your Injury Case
- Posted by Taylor Ernst on
- March 19, 2018
If you are hurt in an accident, you may consider filing a lawsuit as a way to recover the money you were forced to spend on medical bills and the repair of your property. You are certainly within your legal rights to do so, but going it alone is rarely a good idea.
Hiring the right attorney for your injury case can be overwhelming, given the number of choices. Here are some ways to finding and hiring the best attorney you can.
1. Talk to People You Know
Chances are that you know someone who has used an attorney. Even if they aren’t a personal injury attorney that you can hire for your own case, they may know one. Attorneys know other attorneys. If your mother used a great attorney for her divorce, phone their office and ask them to recommend a personal injury attorney.
2. Local Bar Association
Let’s say that you don’t want people to know that you are looking for an attorney for whatever reason. Reach out to your local bar association. The bar will have a list of attorneys. Consider, though, that this is only a list of licensed attorneys who are able to practice law near you. It doesn’t mean that they are great lawyers; you will have to research the ones on your list.
3. Look Online
You can find attorneys online within seconds of typing “personal injury attorney” in your search bar. Once you have a listing, you may want to head over to avvo.com or Lawyers.com to look for reviews. You can also look at martindale.com for a grading scale given to attorneys. While none of these are a guarantee that you will be finding the best fit for you and your unique situation, it is somewhere to start.
4. Consider Size
Some people have it in their head that bigger firms are better and smaller firms don’t have a clue what they are doing. This isn’t so. A large firm may be the way to go if you are suing a major corporation, but you may want to go with a smaller firm if you are suing the driver of the car that hit you.
5. Have a Meeting
Once you have gotten your list down to just a few names, schedule a consultation with each. Most attorneys offer a new client a free consultation. You can attend each of these meetings to get a feel for the attorneys you are considering working with. One may strike you as the best fit.
If you have been injured in San Luis Obispo and need a personal injury lawyer, reach out to our office. We are happy to offer you a no-cost, no-obligation case evaluation and discuss your legal rights and options. We will review your unique case and help you make the best decisions moving forward. Call today to schedule your consultation.
