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Unfortunately for many people vehicular manslaughter lawsuits come about fromt the increase in deaths of bicyclist.  Many times DUI related fatalities involve people walking and bicycling when they are injured.  

There are strict laws that will punish the drunk driver or the negligent driver in the criminal courts and many people believe that is the only recourse available to them is through the criminal courts; however, this is not accurate.

WHAT ARE THE STATISTICS FOR PEDESTRIANS AND BICYLIST BEING KILLED BY NEGLIGENT OR DRUNK DRIVERS?

According to the National Highway Traffic Safety Administration 3602 people were killed in California Motor vehicle collissions in 2017.  The majority of the fatal collissions nvolve more than one vehicle and other vehicle occupants and the most likely victims of the collisions, followed by pedestrians, motorcylist, and bicyclist.   Thrity one percent of those involved at least one driver with a blood alcohol lever of 20 or above, more than twice the legal limit. 

California Vehilce Code 23152 makes it unlawful for persons who is under the influence of alcoholic beverage or drug to drive a vehicle while intoxicated which is presumed at a blood alcohol level of 0.08 percent or greater by weight.  Commercial drivers, and drivers carrying passengers in exchange for compensation (taxis, Uber, Lyft, etc.) are presumed to be intoxicated if they have  blood alcohol level of .04 percernt or greater.  

ACCIDENTAL DEATHS CAUSED BY MOTORY VEHICLES AND VEHICULAR MANSLAGTHER

California Penal Code section 192 (c)  defines vehicular manslaughter as unlawful killing of a human being driving a vehicle in the commission of an unlawful act or a lawful ac t which might produce death in an unlawful manner.  

 

The sentencing for this crime would also, depend on wether the crime was committed as a felony or a misdemeanor.  Cases where the driver was intoxicated command more severe punishments depending on whether there was gross or ordinary negligence. 

the consequences can be evern more serious if the person acted with wanton disregard for the safety of others.  

If you have been injured by such a person than you should call us right away even though the person may be punished through the criminal legal system you still may be entitled to compensation for

lost wages

medical bills 

future damages

and other forseable damages  

There could be statutute of limitations issues so if you feel that you have been harmed by the negligence of another driver or is someoen has lost there life a a result of criminal negligence you may still be able to file a lawsuit agains them for there negligent behavior and recieve compensation for your injuries.  

Give our office a call at 559-441-1418, and we can help you get the compensation that you deserve having filed cases like this in the past and having recovered we know the ins and outs of the system and can help you. 

 

If you or a loved one has suffered a traumatic brain injury you should consult an Attorney as soon as possible to discuss your possibility of a lawsuit is someone has been negligent and at fault for your injuries.  

 

EXAMPLES OF TRAUMATIC BRAIN INJURY

Some people have come into our office and stated they woke up in an ambulance a little fuzzy and unaware of exactly how they got there.  They are taken to the emergency room and treated.  The emergency room had given the recovering person a concussion recovery handbook.   The individual doubted there were any long term affects of the concussion.  However, they discover later that their focus has been affected.  

CONCUSSSIONS

Mild traumatic brain injuries are under diagnosed.  They hide in the margin.  The patient will "deny loss of consciousness" in the same ambulance report that notes his repetitive questioning.  

DIAGNOSIS AND TREATMENT OF TRAUAMATIC BRAIN INJURY

A mild traumatic brain injury can seem mild to the treating nuerologist.  However, it can be anything but mild to the person being affected.  

Cloudy thinking

headaches

difficulty reading

some executive functioning deficits

These can be difficult and make life very problematic.

RECOVERY

The recovery from traumatic brain injury could take a long time. The majority of people that suffer mild brain injuries do recover however there coud be long term problems and this makes the amount of money you recover problematic because you may not know how much you need to fully recover.  

And if you suffer even a small brain injury the chances of having a much worse brain injury down the line is incrased.  For example you suffered a mild brain injury and you again suffer a mild brain injury the damage the second time could be much worse.  

If you are an injured person you should consult both legal and medical help to get all the compensation you may need for your brain health and to make sure that you do not have recurring problems.  Or at the very least you are properly compensated for the care of the current injuries.  You may need to speak with a neurosyphologist and a vocational rehabilitation expert to illustrate the individuals income or lost income potential, lost earning capacity, and so forth.

So if you have any questions give us a call at 559441-1418. 

 

 

 

 

If you have been injured on someones property you many entitled to compensation for your injuries.  Gerald Schwab is  a Premises Liability Attorney in Fresno and he may be able to help you give him a call. 559441-1418.

The area of law referred to as premises liability includes common cases such as 

slip and fall

falling objects 

animal attacks 

and more

If you are the owner of property and welcome another person onto your property for any reason you can be held liable for injury if something were to happen to them.  

This is most often associated with things like falls in the grocery store and or tripping on the steps of the office.  But can also be applied to things like the office, and private residences.  

If you believe you have been injured in an accident on somoenes property and you belive negligence was at fault contact our offfice today.  

We can help you get through this and recover the damages you need to make you whole.  There are several ways a slip and fall or premises liability case can occur. 

slip and fall of water leak

explosion on property that causes injury

animal attack that could have been prevented

inadequeate security based on the circumstances

dangerous swimming pools or other water features. 

because there are so many diffferent cases that could involve liability it is a good idea to contact our office as soon as possible if you believe that you have been injure as a result of somoene elses negligence on someones property. 

Give us a call at 559441-1418.

Finding the best fit for your personal injury case can be a difficult process.  If you or a loved on has been injured in an accident give us a call and we can help you get the compenstation you need. 

Suffering a seious personal injury or car accident is a life changing experience characterized by fear and uncertainty.  This is especially true if the injury is severe.  and its occurance was out of nowhere.  If this has happened to you it may be in your best interest to hire a fresno personal injury attorney to help you, and advocate for your full and fair financial compensation. 

 

In order to recover the compensation you that you need to pay for your medical bills, compensate for your lost wages, and recompensate you for your noneconomic damages like pain and suffering you should consider hiring a fresno personal injury lawyer. 

consider results experience and client testimonials not just who does the most advertising.  

RESULTS

Ask the Attorney for some of his past results before you hire the Attorney to work on your case. 

CLIENT TESTIMONIALS

Make sure that the Attorney has had plenty of clients from the past that can tell you about his results. 

EXPERIENCE

If you have been in a car accident than you need an experienced car accident attorney the same for any type of injury. 

watch out for firms that have fake review or online spam marketing if these firms are doing this type of thing than they may be involved in other unsaviory activities. 

 

If you have any further questions give us a call at 559-441-1418.

If you or a loved on has been injured by a dog bite you should consult our office to get a consultation regarding your legal rights.

Most pet owners are responsible regarding there pets.  However, recently there has been an uptick in dog bites and other lawsuits regarding animals simply not being kept, trained or responsibly held by there owners.  

Many people do not spend the time to properly train and care for there animals especially dogs.  This could lead to someone being seriously injured.  All to often our office has seen injuries resulting from out of control dogs, running wild, not leashed, owners that let the dogs run wild through the neighborhoods.  If you have been injured by one of these negligent actions you should 

EXAMPLE OF DOG BIT CASES

One of the most common occurances is someone who is out walking there dog when another dog that is running loose, or has not been properly trained gets away from the owner and attacks another dog owner or dog. 

This is unfortunately very common.  A dog not on a leash that is left to run wild sees another dog and attacks both the dog and the owner of another dog.  Many times people have large dogs that have not been properly trained and are very wild.  They are kept in small apartments or condos that were never meant to house the very large dogs.  The dogs when they get out are out of control and not trained and are therefore very dangerous.  

A dog bit can cause tendon, bone and nerve damage, not to mention the damage you get from possible infections.  Sometimes the dog will even kill the other animal in the attack and cause emotional distress to the people that have to watch the out of control animal kill there pet.

As a responsible dog owner and lover I can imagine how devestating it must be to have your pet killed and yourelf badly injured because of a negligent dog owner. 

Dog attacks can be very serious in 2016 alone more than 31 people were killed by dog attacks.  There are over 4.5 million dog bite attacks annually.  Often it is not an isolated incident and not the dogs fault but a very negligent owner.  

CIVIL LAW IN REGARDS TO DOG BITES

In California, under Civil Code Section 3342 (a) the owner of a dog that bites someone with the limited exception of emergency dogs, is legally responsible for all damage and inuries caused by the dog. 

liablity exists for the dog owner regardless of how careful they are in restraining the dog. 

If you are walking on a public sidewalk and a dog suddenly comes out and bites you then you can sue the dog owner under the above-mentioned statute.  

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

As stated above a dog bit claim may include an negligent infliction of emotional distress claim.  the elements of this claim are 1. the plaintiff is closely related to the victim

2. was present at the scene

3. was aware at the time of what was going on 

4. as a result suffered emotional distress.  

This could be the case where your child was injured by a dog bite. 

After a dog bit the dog may be quarantied.

You may  have to recive a series of rabies vaccinations over a 28 day period.  

If you have been injured by a dog bite give us a call and we can help you get through this.  559-441-1418. 

If you have a loved one that has suffered injury or death due to negligence or abuse there are laws that protect elderly and disabled from neglect.  

WHO IS PROTECTED UNDER CALIFORNIA LAW FROM ELDER ABUSE AND NEGLECT?

California law protects elders, dependant adults, and developmentally disabled persons from many types of abuse and neglect.  An "elder" is anyone within California who is 65 years or older. 

A "dependant" adult ia any person between the ages of 18 and 64 who resides in California and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights.  A dependant adult may also include the elderly, those suffering from dementia, the developmentally disabled, the brain injured psychiatric patients and, in some instances, thiose in rehabilitation facilities. 

WHAT IS ELDER ABUSE?

ABUSE OF AN ELDER OR DEPENDANT CAN BE:

Abondonment (desertion of an elder by his or caregiver)

abduction (removal from and/ or restraint outside California)

finanical - illegal or unethical exploitation or use of elders assets, funds,and or property

isolation intentional prevention from of an elder from communicating with others

neglect ( failure by caretakers to perform duties and obligations relating to elders health and welfare

physcial abuse infliction of pain and suffering including use of physical restraints and prescription drugs 

other treatment that can cause physical harm and suffering. 

In addition, the denial by a care custodian of goods or services necessary to avoid physical harm or mental suffering constitutes elder abuse under California Law.  Care custodians are administrators or employees of any facility proving care or services for elders and dependant adults. 

Schwab photo

Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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