REPORT: ALARM FAILED IN CABLE CAR ACCIDENT

Commentary by Personal Injury Lawyer Sam Spital:

“On February 11, 2013, the electronic edition of the UT San Diego reported seven individuals were injured when a San Francisco Cable Car came to an abrupt stop after hitting a loose bolt on the tracks; the bolts are intended to trigger an alarm and alert operators of an obstruction. Other sources reviewed by my law office noted the cable car system in general is checked nightly (apparently they are not very comprehensive in performing these tasks), however, this incident has raised the level of awareness and a San Francisco Municipal Transportation Agency spokesman stated they will make weekly checks to test the tightness of the bolts.

It is far too common for traffic lights &/or stop signs to be added at intersections and remedial efforts initiated by governmental agencies after an accident or injury. It strains credulity why more proactive measures are not taken to protect the safety and life of unsuspecting victims who rely upon and ride public transportation. Attorneys for the victims will likely obtain and use the maintenance records as a basis to establish negligence by the Municipality that operates the cable cars. A timely government claim must first be filed before initiating a lawsuit. It is not necessarily the issue of compensating victims, but to send a message to those in charge as well as city officials and the Mayor to prevent this and other situations from happening. The public deserves more when considering the potential risk of catastrophic injuries and of course the reason taxes are paid to support such activities.”

– Sam Spital

PAPARAZZO KILLED TRACKING BIEBER CAR – Accident brings into sharp focus danger that celebrity photographers often face (Sam Spital)

“The UT San Diego reported on January 3, 2013, the death of a 29 year old photographer who was tracking a Ferrari sports car he believed was being driven by celebrity Justin Bieber when he was struck by another vehicle as he was crossing the street in Los Angeles. According to the article, a CHP Officer who had stopped the driver of the Ferrari, who was a friend of Bieber, for speeding tried to warn the Paparazzo since there were no crossings or side-walks at the particular location to put on notice anyone that a pedestrian might try to dart across the street.

While the 69 year old woman who was driving the vehicle that killed the photographer might not have been cited by the officer for driving at an unsafe speed, there may be sufficient facts, such as the time of the day and lighting, to serve as a basis for liability under the circumstances. Often a skilled personal injury lawyer can establish a particular road was unsafe and bring a claim against the municipality or governmental agency responsible for the condition and maintenance. In addition, a wrongful death case can also be made against a driver who is deemed negligent because she was not driving safely given the facts and circumstances and/or the driver lacked sufficient peripheral and/or night vision. An example of the visual elements would be a driver who is not sufficiently competent and/or is unable or simply fails to react to a hazard coming from the driver’s far left or far right, such as the instant case in which the Paparazzo was darting from one side of the street to the other.”

–Sam Spital

 

San Diego baseball player involved in alleged DUI hit-and-run

Matt Bush, a San Diego native and aspiring professional baseball player was reportedly involved in a series of hit-and-run accidents last month, which resulted in the serious injury of a motorcyclist. This is just the latest of a series of similar incidents for the 26-year-old, who has seen his once-promising baseball career stall as a result of his issues with alcohol.

According to police reports, the series of alleged DUI accidents began when Bush crashed a teammate’s SUV into another vehicle. The driver of the second vehicle later told police that he had been hit by a SUV matching the description of the one driven by Bush, which had backed up at a red light to make an illegal U-turn following the crash.

Later that day, the same SUV crashed into the back of a motorcycle, causing its 72-year-old rider to suffer serious injuries. Bush reportedly fled that scene as well.

He was later apprehended by police, at which time he told police that he had been involved in yet another accident, in which he had collided with a pole, between the crash with the first vehicle and the motorcycle. Bush was arrested and charged with multiple criminal offenses in connection with the series of alleged DUI hit-and-run accidents. In addition, the motorcyclist reportedly plans to file a personal injury lawsuit against Bush and the owner of the SUV involved in the crashes.

The arrest is just one in a line of alcohol-related incidents that have derailed Bush’s once-promising professional baseball career. In 2004, Bush was the top overall pick in the MLB draft, but has spent the last two years playing for a minor league team after multiple ‘reported alcohol issues.’ Hopefully, he is able to get these issues under control and get back to his former and future baseball success.