Oakland Personal Injury Attorney Blog

How to Go About Seeking Compensation in California After a Vehicle Accident Has Killed Your Loved One

February 14, 2021 | by Stephen M. Fuerch

When a vehicle accident takes the life of your loved one, it is devastating. You know that no amount of money can “fix” what has been done. Nevertheless, your loved one and your family have still suffered a great loss, including potentially massive economic damage. To be sure that your family has the opportunity to get everything that the law says you’re entitled to, you have to make sure you are going about it the right way procedurally, which is why it pays to rely on the skill and knowledge of an experienced Oakland wrongful death attorney.

A fatal incident that took place in San Francisco’s South of Market neighborhood on New Year’s Eve is a reminder of how devastating these accidents can be. Two vehicles, a Honda and a Ford, met at an intersection. The Ford had the green light, but the driver of the Honda didn’t stop. The impact sent the Honda into two female pedestrians who were crossing in the crosswalk. One woman died at the scene, while the second died later at a hospital, according to a KPIX report.

The driver of the Honda fled on foot, but the police captured him a short time later. The state charged the driver of the Honda with an array of charges, including: “two counts of voluntary manslaughter, two counts of hit and run, driving a stolen vehicle, driving under the influence of drugs, two counts of DUI causing injury, speeding, running a red light, burglary” and other weapons and drug crimes, according to KPIX.

A California Appeals Court Revives a Police Bomb Technician’s Sexual Harassment Case Against Her Employer

January 30, 2021 | by Stephen M. Fuerch

Our system of civil litigation in California is based, in part, upon the idea that, generally, it is preferable when cases are resolved on their actual merits, not by one side using some technicality to sidestep addressing the merits. One of the implications of that notion of justice is that if you’ve put enough in your complaint to put the other side “on notice” of a basis for liability, you are entitled to pursue that basis. When it comes to putting together the strongest and most effective complaints (and case presentations,) be sure you are relying upon the experience of a knowledgeable Oakland employment attorney.

This concept proved very important to a police department employee in her recent sexual harassment case. S.A. had been a bomb tech for seven years when a male coworker, H.L., decided to make a play for her affections. He told her he had been “madly in love” with her for more than six years and planned to leave his wife due his love for her. S.A., who was a lesbian and had a female partner (all of which H.L. knew,) told H.L. that she didn’t love him and to leave her alone.

What allegedly ensued was a pervasive pattern of stalking. According to the complaint, H.L. showed up at restaurants where S.A. was eating, “bombarded” her with phone calls, texts and emails, and even showed up to S.A.’s job sites though he was assigned to a different detail. Eventually, the man allegedly cornered her and forcibly kissed her.

These Times Are Trying for Everyone. That’s Especially True for Californians Juggling a Job and Children Whose School or Childcare Facility Has Closed.

January 13, 2021 | by Stephen M. Fuerch

As the calendar turned from 2020 to 2021, most of California remained under a “stay-at-home” order. For some Bay Area residents, the lifting of lockdown orders may actually exacerbate, rather than reduce, the challenges they face. Many people who were working before the pandemic struck may find themselves forced to remain at home, needing to care for their young children whose daycare remains closed or whose school-aged children remain waiting for their schools to reopen to in-person learning. Be advised that if COVID-19 has forced you to take time away from your job to care for your family, the Fair Employment and Housing Act offers protection against discrimination and/or retaliation related to your taking leave for caretaking activities. If you’ve suffered that kind of harm in your job, you should take immediate action and contact an experienced Oakland employment attorney.

The Families First Act went into effect in April of last year. That law expanded the availability of family and medical leave. Once you return to your job after a period of leave, your employer is forbidden by California law from punishing or taking any kind of adverse employment action against you (like termination, demotion, reduction of hours, reduction of benefits, negative performance assessment, reassignment to a less desirable shift, etc.) because you took that leave.

Say, for example, that you take several weeks of leave to care for your three-year-old child because your child’s previous daycare closed due to COVID-19, and you could not find a new one immediately. Once you returned to work, your coworkers began treating you differently. Three weeks after your return, your supervisor gave you a negative performance review, which you had never before received in your seven years with the company.

How You Can Take Your Discrimination or Harassment Case to Trial in California, Even if You Signed an Arbitration Agreement With Your Employer

December 22, 2020 | by Stephen M. Fuerch

Many times, when you begin a new job, you are presented with a massive stack of papers to read and sign. The whole thing can seem daunting and it may be tempting simply not to read all the “fine print.” Beware, though. The employment contract you sign may involve forfeiting various rights you have, such as suing in court if you’re later the victim of discrimination or harassment. The good news is that, even if you did sign such an agreement, there may be ways to avoid its enforcement. If you’ve been harmed at work by discrimination or harassment, whatever the details of your employment agreement were, reach out to a knowledgeable Oakland employment attorney to discuss your rights and your options.

S.D. was an example of someone who was able to avoid the hurdle that his arbitration agreement presented. He held a managerial sales position at the maker of a popular energy drink when he was fired in 2018. After that termination, S.D. sued for age discrimination and sex harassment. S.D., who was in his mid 50s when he sued, alleged that he was targeted for termination because of his age and because he had supported women who were sexually harassed by high-ranking males at the company.

The employer asked the court to order both sides to arbitration. The basis for this request was the arbitration agreement S.D. had signed when he began working for the company.

A Tractor-Trailer’s Collision With a Disabled Car Leaves a Northern California Teen Dead

December 13, 2020 | by Stephen M. Fuerch

Whether you are an inexperienced teen or an adult with decades behind the wheel, having your vehicle break down in the middle of the road is always a stressful experience. Whether your vehicle threw a rod, broke a timing chain or suffered some other catastrophic mechanical failure, your situation is not just frustrating; it is potentially dangerous. If you’ve been hurt because someone else slammed into you and your disabled vehicle, that person may have been negligent and may owe you significant compensation. To find out more, take action promptly to contact a skilled Oakland car accident attorney about your case.

To highlight just how dangerous these situations can be, there’s this extremely sad news report from West Oakland. Sometime after midnight on Nov. 27, a 16-year-old San Pablo boy’s Toyota stalled on I-880, according to the Mercury News. The teen remained with his stranded vehicle, which was in the middle of the freeway.

Before police officers could arrive at the scene, a tractor-trailer slammed into the Toyota, killing the teen, according to the report. The police indicated that officers did not know if the boy, who was thrown from the impact, was sitting inside or standing nearby his car when the crash occurred.

When a Single Racial Slur May Be Enough to Give You a Successful Discrimination Case in California

November 25, 2020 | by Stephen M. Fuerch

Having to endure racial slurs or epithets at work can be an extremely troubling thing, even if the word was used exactly once. In some situations, even just a single use of certain slurs or epithets can be enough to constitute the evidence you need for a successful workplace discrimination lawsuit under the Fair Employment and Housing Act. If that is something you’ve had to deal with at work, a favorable judgment and a substantial award of compensation may be within your reach, so contact an experienced Oakland employment discrimination attorney without delay.

Back in September, the Court of Appeal issued a ruling in an employment discrimination case that, while bad news for the employee who sued, represents potentially very good news for other workers who’ve heard certain slurs at work.

T.B., a Black woman who was an investigative assistant with a Bay Area district attorney’s office, became startled when a mouse ran through the area in which she was working. A coworker mocked her, saying, “you… is so scary.” There was, however, a word between “you” and “is.” That word was that profoundly toxic slur, the “n-word.”

A Tragic Chain Reaction Crash in Contra Costa County Kills 2 California Drivers

November 12, 2020 | by Stephen M. Fuerch

As a recent accident in Contra Costa County tragically demonstrated, chain reaction crashes are situations where minor problems can turn deadly in the blink of an eye. If you’ve been hurt – or have lost a loved one – due to one of these crashes, getting the compensation you need is of paramount importance, but proving your case can be particularly tricky. That’s why it is so important to be sure, when it comes time to litigate your chain reaction crash injury case, that you have the legal representation you need from a skilled Oakland car accident attorney.

California is home of three of the biggest chain reaction crashes ever. Two were in Southern California; one was near Fresno. In all three, weather conditions (foggy conditions and one dust storm) were key factors. However, in a lot of chain reaction crashes, including this recent one from Contra Costa County, the cause(s) for the accident relate to human judgments and errors rather than weather conditions.

The recent accident, which occurred near Hercules, was precipitated by a flat tire, CBS San Francisco reported. The driver of a Honda Accord stopped the vehicle in the furthest left travel lane of the freeway. The next driver in the left lane brought their Volkswagen to a stop behind the Accord. A second Honda Accord didn’t stop in time, though, and rear-ended the Volkswagen. The driver of a Honda Civic then rear-ended that second Honda Accord, the report indicated.

What the ‘Fair Chance Act’ and Its New Regulations Mean For California Job Applicants with Criminal Convictions in Their Past

October 29, 2020 | by Stephen M. Fuerch

People with criminal convictions in their past face many challenges as they seek to rebuild their lives and return to participating fully in society. One of the bigger challenges they face is discrimination in the job application process. Fortunately, the State of California enacted the Fair Chance Act in 2018, which significantly restricts what employers can do in terms of asking about your criminal history. If you’ve been removed from an employment applicant pool because of your past conviction, that employer may have broken the law. Contact an experienced Oakland employment attorney to learn more and find out what you can do.

The Fair Chance Act is a kind of “Ban the Box” law. The “box” in question is the one next to a job application question asking you about whether or not you have a criminal history. The Fair Chance Act bans this kind of question, requiring employers to forego seeking applicants’ criminal histories prior to extending a job offer.

Along the way, the Department of Fair Employment and Housing (DFEH) has enacted various regulations that implement the Fair Chance Act, including some that were composed only recently and went into effect October 1, 2020.

A Motor Vehicle Crash Claims the Life of Yet Another California Bicyclist

October 15, 2020 | by Stephen M. Fuerch

Bicycle accidents in California are very dangerous and, many times, deadly. On average, roughly three bicyclists died each week in traffic crashes in 2018. If you’ve been hit by a car, truck or van while riding your bicycle, it is essential that you obtain legal representation from a skilled Oakland bicycle accident attorney as soon as possible. The sooner you obtain legal counsel, the sooner your attorney can begin amassing the evidence that may be critical to proving that the person who hit you was also legally liable and that you are entitled to receive compensation.

Crashes where a vehicle – especially a large one like a commercial truck or van – strikes a bicycle can often inflict massive, or even fatal, injuries on the person aboard the bicycle. A 67-year-old Oakland woman’s recent death is yet another tragic example.

The woman was riding her bicycle on Second Avenue near her home in the Eastlake district. As she proceeded southbound, a delivery driver behind the wheel of U-Haul van turned left from East 12th onto Second and into the bicyclist’s path. The van struck the bicyclist, and the local woman was pronounced dead at a nearby hospital, the Mercury News reported.

A Tragic Truck Accident in California Takes the Life of a 12-Year-Old Child

September 30, 2020 | by Stephen M. Fuerch

A truck accident that occurred right here in the East Bay recently makes for a grim reminder of just how catastrophically harmful accidents involving semi-trucks can be. It also makes for a potent reminder of how important it is to get the right legal representation if you’ve been hurt in a big rig accident. The right Oakland injury attorney can help you make sure you’re getting everything you should from your injury lawsuit.

In that nearby accident, a Chevrolet Tahoe was traveling westbound on Interstate 580 near Airway Boulevard in Livermore when it and a “truck-tractor combination” collided, according to a Mercury News report. The collision caused the SUV to careen out of control and overturn, which ejected two children, a 12-year-old and an 8-year-old. The 12-year-old boy died, and the 8-year-old child suffered major injuries, the report stated.

Unfortunately, these kinds of accidents are not uncommon here in California. This state logged nearly 28,000 truck accidents that triggered almost 9,700 injuries and more than 350 deaths. This number represents a distinct upward trend, as there were only 296 deaths in 2015 and 259 in 2013.