Legal Question in Personal Injury in California

Re: Who is held responsible?

What were you thinking? Losing a son is a devastating experience. I know the emotional trauma is terrible, but, even in the best of circumstances you should not be looking into these things. Abe Lincoln said, "A man who represents himself has a fool for a lawyer." Hire a personal injury lawyer to investigate and find out what your legal remedies are in this tragic case. That's what litigation is for.

There will be no legal fee except from any recovery.

Re: Who is held responsible?

The driver, of course is responsible. Is anyone else legally responsible? Yes, and possibly.

If the registered owner has not transferred title, the registered owner is statutorily responsible for $15,000. If there is a defect in the design/manufacture of the vehicle your son was in, the auto maker may be responsible (such as roll-over, roof crush or tire failure accidents or restraint system failures and etc.). There may also be roadway conditions that contributed to the accident that may indicate liability on the part of a governmental agency (unsafe roadway conditions, lack of guard rail, improperly placed monuments and etc.). Keep in mind that a governmental claim must be properly made within 180 days.

I see no legal responsibility on the part of the military with regard to the leave or insurance.

I strongly suggest that you immediately have this matter reviewed by one of the elite auto product liability/roadway design law firms in California. If there is an issue regarding the vehicle�s design, keeping the vehicle as evidence is crucial. An auto products liability law firm will handle the immediate preservation of the vehicle as evidence and survey the scene for roadway contributing issues.

My deepest condolences to you and your family on the loss of your son�s life. Please seek professional grief counseling through your church, medical insurance or other private and non-profit groups. Having been involved with nearly a hundred wrongful death cases, I can tell you that grief counseling will serve you and your family better in the long run than any amount of financial recovery or some sense of retribution.

The elite law firms who handle these matters will review the evidence and facts without any fees or costs to you. My law firm handles three to four dozen auto defect cases at a time and stand ready to review this matter for you. See: http://www.bisnar-chase.com/case_results.html.

John Bisnar, Bisnar & Chase, 800-956-0123

Re: Who is held responsible?

wow. i am really sorry for your loss.

first, i don't see how the base would have any responsibility, but i don't have all the facts.

you REALLY need representation though. don't delay. an experienced lawyer will be able to deal with this for you. don't do this to yourself, you have enough to deal with.

daniel king

Re: Who is held responsible?

I am so sorry to hear about your loss. I wish I could offer some encouraging guidance here, but I can't.

As others have noted, the driver is legally responsible and the holder of the car's title may be as well. But I don't see how you could hold the militarry liable.

It is difficult to get a judgment against the military even for an act that a soldier takes while *following* orders. Here, the driver *disobeyed* orders by leaving the base. If the military could be held responsible for this, then it could probably be held responsible for anything any member of the service does while on active duty. That would make the Pentagon a liability insurer for well over a million people. I'm afraid this is not how it works.

If I had more facts I might see things differently, but based on what you have said I don't see any way you could win a suit against the military.

Again, you have my heartfelt condolensces on your loss.

Re: Who is held responsible?

What was insured? The driver, the owner of the car, or both? The owner may have an insurance policy covering the incident.

Whether the military base is liable requires further facts as to (1) the details of accident, and (2) where the driver and the others were going at the time of the accident.

Our office has a few wrongful death matters at this time. Give us a call if you would like us to help. (The call is free.)

Re: Who is held responsible?

Sorry for your loss...

As for who is responsible, unfortunately you provided little information in order for any lawyer to make an informed decision. I know some on this bulletin opined that the driver is responsible. What makes them to draw that conclusion, is unclear to me as you have not stated anything that would place the driver of your son's car at fault.

The following information would be very important in order to make an informed decision:

1. Exactly how did this accident occur?

2. Was there any problems with the vehicle?

3. If the vehicle had a problem, was it a design or manufacturing defect?

4. Was the vehicle properly maintained?

5. Did repair/service facility do or failed to do something in servicing the subject vehicle?

6. Was alcohol a factor?

7. Were the boys at a bar before they got into this accident?

There are many, many more questions that need to be asked before proper liability, IF ANY, determination can be made. Therefore, you need a consultation with a lawyer who handles these types of cases.

Please feel free to call any one on this list or call me for a free consultation at (323)782-0099.