Accident Attorneys' Group

Personal Injury Lawyers of CA

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Drunk Driver Not Given Any Legal Breaks

On December 12, 2008, Ashley Schultz drove her 2001 BMW up the off ramp of the I-5 Northbound freeway and collided with an Acura. The crash left her paralyzed, and since then Schultz has been attempting to place blame on someone else.

The accident caused serious bodily injury to Schultz. She broke many bones, including her C4 and C5 vertebrae, and she became a quadriplegic. The other driver was left unharmed for the most part, so she was not faced with criminal charges regarding a third party injury; but she was convicted of drunk driving and fourth degree assault. She was sentenced to two days in jail and one year probation.

After leaving the restaurant, Schultz went to drive home. She turned onto the off ramp at Southwest River Parkway and Harbor Drive and crashed into the Acura immediately. Her blood alcohol content was recorded at .24% on site – three times the legal limit.

Schultz explains that on the evening of her accident, she was having dinner and drinks with work associates. She felt pressured to join in on the drinking and felt that the restaurant over served her and failed to call her taxi. Because of those factors, she has attempted to sue her employer and the restaurant at which she ate the night of her accident for compensation due to her injuries.

Schultz originally filed a lawsuit against her company for denying her worker’s compensation; but the courts ruled in favor of O’Brien Constructors because her injuries did not arise out of her employment. She explains that she was at a work function when she consumed the drinks, but she was really just out with coworkers and the situation was not work-related.

In 2010, she filed a lawsuit against La Costita Mexican Restaurant claiming that it did not act responsibly as it did not stop serving her drinks or call her a cab when it was evident that she had drunk to inebriation. She requested $18.7 million in her claim.

Schultz’s medical bills in 2010 had already totaled to about $900,000, and her future care costs were estimated to be an additional $5 million.

The courts ruled in favor of the restaurant though, and she lost once more. The ruling was partially based on a previous decision made in 2001 where the law then banned customers who voluntarily drink to collect money from restaurants/bars after being injured. Schultz claims that she didn’t voluntarily drink and that her boss was buying her too many drinks, but the court still found her at fault.

She is still seeking money in any way that she can. Though the restaurant is out of the case and she cannot receive worker’s compensation, she is still going after her employers and the coworkers that were with her that night because they supplied the alcohol for her. Schultz expresses how she only went out that night because she did not want to lose her job and felt pressured for them to like her.

It is unknown currently what will happen, but based on her record it is likely that she will not receive the compensation for which she is hoping. It is very rare that a person who was the drunk driver in an accident files lawsuits for damages, so the outcome of this will be interesting. Though everyone, including the restaurant, feels bad for Schultz and her injuries; it cannot be denied that the fault lies with her.

If you or someone you know has been in accident, contact AAG today.

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Serious Car Accident In The Midwest

Car accidents usually occur because of negligence. While a driver may not be intentionally causing a collision, their careless driving behavior is reason enough. Drivers have a responsibility to be responsible when they get behind the wheel. They must be attentive on the road and carefully watching out for other vehicles.

Authorities are investigating after passengers fled following a three-vehicle wreck near Midtown St. Louis Thursday night.

The first "automobile accident"?

The first “automobile accident”? (Photo credit: Wikipedia)

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Teen Dies Following A Car Accident

Car accidents are often unavoidable occurrences with the potential to shatter lives. Usually they wreak havoc on unsuspecting victims. Sometimes they cause thousands of dollars’ worth of property damage. At their very worst, they are known to take lives.

While most car accidents are not intentional, they are almost always caused by negligence. Motorists who are negligent must be held accountable for their actions.

English: This is the a view of the front left ...

English: This is the a view of the front left side of a 1989 Pontiac Bonneville. It was taken March 2006. (Photo credit: Wikipedia)

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At Least 20 Injured In Train Collision

After colliding with a big rig truck, an Amtrak train carrying about 169 passengers derailed in California’s Central Valley.

Working into the early hours of Tuesday morning, crews worked to remove the two derailed cars and repair the damaged railroad tracks.

According to authorities, at least 20 passengers experienced minor to moderate injuries.

The driver of the tractor-trailer, carrying cotton rubbish did not yield for the train, resulting in collision between the two, on Monday afternoon.The locomotive and two passenger cars were pushed from the track due to the impact, in the farming community of Hanford.

A passenger, Edmund Sanders, who had missed his Greyhound bus from Fresno en route to Los Angeles spoke with the Fresno Bee:

“Right after it happened I see all these people with a terrified look on their faces, all trying to get to the front of the train. I tried as best I could to try and calm people down and help them get off that train. I really think that God has his hands on that train today.”

Before hitting a switchback and derailing, the train travelled about 600 feet after the collision, California Highway Patrol Officer Scott Harris said.

Officials have yet to determine the speed of the train and the truck before the collision, through the average speed of an Amtrak train is about 70-80 mph and the speed limit on the highway the driver was on is 55 mph, Harris said.

Cotton seeds were scattered across the scene and the truck’s metal pieces were seen inside the train, after the collision. Luggage had been thrown from the train and was dispersed around the train.

The majority of the injuries were minor and included bruises, bumps, scrapes and a few broken bones, King County Assistant Sheriff Dave Putnam told The Associated Press. 

The crossing where the crash occurred was supplied with a gate to stop traffic, Putnam said.

No specific details on the extent of the injuries was released by Adventist Medical Center’s spokeswoman, Christine Pickering. However, she did say eight of the injured passengers were taken to the hospital and five more were expected to be treated there.

“We did call in additional physicians and staff,” Pickering told The Associated Press.

The nearby Adventist Medical Center, in Selma, admitted four other injured passengers, while seven others went to Community Regional Medical Center in Fresno, authorities said.

Authorities are investigating the crash to see whether it was caused by a malfunctioning cross arm or if it was due to an error or negligence from the driver, the CHP said.

If you are involved in an accident due to another party’s negligence, you could be entitled to compensation for your losses.

Cases where negligence is involved are considered to be personal injury cases. Due to the complexities of personal injury cases, it is vital to contact an attorney who is incredibly knowledgable in the field and has plenty of invaluable experience.

Contact an attorney today to see how much compensation you are entitled to for your losses.