In general terms, a wrongful death occurs when an individual dies as a result of negligent or wrongful acts by another party. When an otherwise-healthy victim perishes in this manner, it can be a relatively simple matter to make a direct connection between the act and the resulting fatality. However, these cases become instantly more complex when the victim suffered from a medical condition that might have contributed to the death.
As a general rule, legal issues surrounding liability in personal injury cases can be open to a great deal of debate. Almost by definition, some form of negligence ultimately causes accidents, but negligence can be on the part of the victim, another party or a combination of people.
With some exceptions, Section 1714 of the California Civil Code essentially holds property owners and others responsible for visitor injuries caused by reasonably-preventable dangerous conditions. Still, proving conditions that qualify as premises liability can be challenging, especially when victims fail to protect their interests at the time of the accident.
On January 8 of this year, a CA truck driver lost control of his vehicle, struck a concrete barrier and overturned his truck. According to an article published by Industrial Safety & Hygiene News, the trucker had previously tested positive on four separate occasions and failed to comply with drug testing requirements after the accident. He has since been declared by the Federal Motor Carrier Safety Administration (FMCSA) to be an imminent public safety hazard, and he is prohibited from commercial motor vehicle operation.
As a general rule, bicyclists must follow the same rules of the road as motorists, but, as different types of vehicles with special risks, they are also subject to a unique set of rules. One rule they do not share with motorists, however, is the need to carry licenses.