Legal Question in Personal Injury in California

Three deaths - Mother, son & grandfather - grandaughter survived

Last week in Orange, CA a truck driver hauling steel beams went through an arrow (light) hitting the car head on that was carrying four generations of family members. The 55yr. old mother was instantly killed. Her 14 year old son (a straight A student with hopes of becoming a doctor) died the next day and on Monday, the grandfather died during surgery. The truck driver is being charged - but we are not sure of the exact charges at this time. The family is devastated to say the least. I am a friend of the family. They will need an attorney and I would like to recomend one to them at the appropriate time. Thank you


Asked on 7/31/98, 1:53 pm

3 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Three deaths

First of all my deepest sympathies to your friends

for their loss. I apologize in the delay for my

response, but I only received your question a few

days ago. If they have not yet found legal representation

that they are comfortable with please feel free to

contact my office. I am located in San Luis Obispo,

but I practice law throughout the state. I am a sole

practitioner with over ten years experience in personal

injury law. My wife and I run our office so we are

able to pay personal attention to all of our client's.

I can be reached at 805-546-9909 or email me at [email protected]

with your friends name and phone number and I will give

them a call at their convenience. Again, my deepest

sympathies it is extremely difficult to loose so many

loved ones at one time.

Sincerely,

John Hayes

John Hayes

The John Hayes Law Offices

P.O. Box 3003


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Answered on 1/18/99, 6:46 pm
Michael Kushner Law Offices of Michael F. Kushner, A Prof. Corp

Re: Three deaths - Mother, son & grandfather

I would be honored to represent your friends. Please visit our site at www.kushner.com and call us at 310.477.1161.

Michael Kushner

Law Offices of Michael F. Kushner, A Prof. Corp

11601 Wilshire Boulevard, Suite 500


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Answered on 12/03/98, 7:22 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Representing survivor and family.

I too would consider it a privilege to speak with the family involved. I see that you posted your message several months ago (the LawGuru people have had some delays in posting messages since they upgraded their software), so your friends may have already found counsel. If they haven't, I would welcome an opporunity to speak with them.

Your friends should consider a variety of avenues. The obvious way to proceed is to pursue the driver of the truck and his employer, and this is definitely something they should do. In reality, though, many trucks are operated by small companies with limited assets and not nearly as much insurance as would be necessary to satisfy the likely jury verdict in such a case.

What did the driver say to investigators after the accident? If he says, for example, that he tried to stop but the brakes failed, then there is a cause of action against the truck manufacturer and the brake manufacturer. If it turns out that the brakes were recently serviced but that the garage did a poor job, they are also legitimate defendants. There may be other avenues to pursue, depending on the circumstances. It is also possible, of course, that there will be no other defendants.

In addition to the standard wrongful death and causes of action, there may be other remedies available. If any of the deceased left surviving spouses, they may be able to pursue claims for loss of consortium. If the driver had a record of prior accidents or violations, then the company may be on the hook for negligent entrustment.

If the deceased victims had life insurance, it is important to make a claim as soon as possible. The surviving victim should also file a claim under whatever health insurance coverage is available. Filing such claims should not require a lawyer, but if you get a lawyer before the claims are filed you should have him/her involved in the process. In the unlikely event that the insurers deny coverage, the survivors may need a lawyer to pursue the carrier.

If you or your friends would like to get in touch with me, my contact info is as follows:

Edward A. Hoffman

Attorney

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, Suite 340

Los Angeles, CA 90025

310-575-3540

310-575-6107 (Fax)

[email protected]

In any event, you and your fiends have my deepest sympathy during this trying time.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340


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Answered on 12/03/98, 8:29 pm


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