San Francisco Injury Lawyer Blog

Last week's Monday accident at the new S-curve on the Bay Bridge, where a speeding truck driver lost control and plunged 200 feet to his death in his big rig onto Yerba Buena Island, was a sad and unnecessary tragedy. The S curve was a poor design choice for Bay Bridge repair and drivers don't expect it on a bridge crossing. This accident is just one of many in that curve and Caltrans' answer is typically the same. Driver error. Speeding. Inattention. Driving across the Bay Bridge and experiencing that S curve is all one needs to do to understand the design flaw present. All the signage in the world will not resolve that problem.

There is a short 6 month claims requirement against Caltrans that must be satisfied before pursuing your rights to recover for your injuries or the loss of your loved one. Take care to act quickly if Caltrans was responsible for a design problem such as the S curve on the Bay Bridge.

Why would school administrators and teachers allow their students to take part in a lunch time tackle football game, with no supervision and without any protective equipment?
The result was predictable, as one child suffered a significant knee injury that tore multiple ligaments and damaged cartilage and bone. The young man injured, who had his knee surgically repaired, now contemplates pain and a swollen knee with every activity for the rest of his life.

In this case, the school ignored a regularly played tackle football game that took place on the school athletic field during lunch hour. Boys and girls participated with no equipment, supervision or instruction. There was no effort to stop this game until after the injury occurred. A simple expression to the students that unsupervised, pick-up tackle football would not be tolerated on campus was all that was necessary in this case to have eliminated the injury, but that never occurred.

Particularly in a private school setting, social or peer pressures may play a role in deciding whether to take legal action. Of course the choice may depend upon the severity of the injury. Also be aware that time limitations can be a factor as well, depending upon whether the school is private or public. California public schools are typically entities that require a legal claim be filed with them or their District within 6 months of the injury.

Whether or not a serious injury experienced at school is worthy of litigation may depend upon whether the injury occurred on campus, during the school day or in the open. Prior knowledge of a dangerous condition among teachers and administrators will also be a factor. Teachers or administrators may not be guarantors of safety but they are expected to enforce reasonable safety rules and regulations and put a stop to dangerous events that they know or suspect are ongoing. Turning a blind eye to these situations is not acceptable.

Certain sports, including football should be played only with proper supervision, coaching and equipment. By the year 2009, this should be obvious to every school teacher and administrator.

It is no secret that the time period between Thanksgiving and New Year's can be a stressful time for some people because of financial strains, family problems, unmet goals, recall of holiday seasons past and a host of other emotional issues. People are often not as focused as they may be during other seasons-- they may be partying or concentrating on partying or not concentrating at all. They may be in an altered state due to alcohol, drugs or otherwise.

It is not just that the Holiday Season seems to proliferate more accidents and mishaps, but that the fallout during the Holiday Season can add insult to injury. We all are anxious to have fun during this time and being injured, hurt and impaired due to an injury not of our own making is very frustrating and upsetting.

As "Coping With the Holiday Blues" on EverydayHealth.com explains, people struggling with the holiday blues may experience feelings of sadness, tension, and stress; changes in sleep patterns; a lack of energy; diminished interest in favorite activities; or excessive drinking or eating. These emotional issues impair our ability to function, both on the job and in other aspects of our lives.

Injury from a car accident, or losing a loved one in an accident can potentiate these emotional problems and make things even more difficult to cope with. On top of holiday blues, suffering from personal injuries will add tremendous pressure during the holidays. People injured in car accidents often miss work due to their injuries necessitating sick leave, disability, or valuable personal time off. At times, some people are forced to take reduced pay or no pay at all. Depending upon one's job, missing work may really not be an option and a host of dominoes can begin to fall. Injury leads to the added stress of attending medical appointments, the side effects of medications, and worrying about paying medical bills. It is so frustrating not to be able to complete normal household chores or accomplish the activities of daily living due to injuries.

Continue reading "Insult to Injury: Coping With Holiday Blues and Personal Injuries" »