The city of San Francisco and surrounding Bay Area is a beautiful place to ride a bicycle. However, as enjoyable as the sport is, it also comes with its share of dangers. There a lot of hazards that can cause a bicycle crash, like: roadway hazards, potholes, reckless automobile drivers, reckless bus drivers, and problems with the bicycles themselves. When one of these factors causes a bicyclist to get into an accident, the injurious consequences can be life altering and deadly to say the least.
The case of Jahi McMath has led to an international debate on the meaning of life and death. A recent New Yorker article by Rachel Avive delves more deeply into the legal and ethical issues presented by this extraordinary case.
Mike B asks “What happens if during a personal injury or medical malpractice case, the plaintiff succumbs to their injuries and dies? Does it cause a new action to be filed or simply the old one to be amended? And more importantly does it affect the damages that can be recovered?”
Mike, there are many variables to this complex question, and I can only provide a general overview in response. It is not legal advice. More facts are needed. If you have suffered a loss such as this, you should consult with a trial lawyer immediately.
When you lose a loved one in an accident, one of the things you can do is file a wrongful death lawsuit. The lawsuit is designed to help you recover costs associated with your loved one’s death as well as for the suffering he or she may have gone through. Whether it’s medical bills, funeral costs, or lost wages, the claim can be made to recover most reasonable expenses.
This article was written by Chris Dolan and published by The San Francisco Examiner. Click here to read more of Chris Dolan’s weekly articles at SFExaminer.com.
This week’s question comes from Tara H. from the Mission who asks; “I had a surgery recently to address a medical condition related to my reproductive organs. After the surgery there were complications. When I went in for my postoperative care the doctor which I thought had done the surgery never saw me. I was always seen by his “fellow” who examined me and provided follow up care. I became suspicious that my doctor had not actually done the surgery when I went in for one of my follow-up appointments and they said that “my surgeon, Dr. XXX,” (who was the fellow) had to cancel my appointment because he was in an emergency surgery. I confronted my doctor about this and he sidestepped the issue saying that they worked as a team in the office and that they often followed up on other doctor’s patients. I was specific that I did not want anyone but the one surgeon to touch me: no students or other “team members.” I requested my medical records and it appears that the fellow actually was my surgeon. I am furious. What are my rights?”
Monday morning began with a multi-vehicle wreck which left one person dead, and eight injured on Highway 12.
According to the Vacaville Reporter the pileup on Highway 12 east of Napa happened when the driver of a Ford Taurus crossed the center divide into the path of an oncoming Cal Fire tractor-trailer. The Taurus was then hit by a minivan carrying six passengers as it careened back across the road. The Cal Fire trailer also struck another car.
A fatal car accident occurred at about 6 am Saturday morning when a black Mercedes driven by Miguel G. Almanza, 24, struck a Honda Odyssey on Patterson’s West Main Street, near Jennings Road. The Odyssey was being driven by Concepcion Gomez, 30, of Vernalis, who died at the scene. The other occupants of the Odyssey (39-year-old Juan Rodriguez, 6-year-old Andres Rodriguez and 1-year-old Ricardo Rodriguez) were injured.
A bicyclist was killed yesterday evening, October 7th, in a collision with a Muni bus. The accident occurred at around 5PM at the corner of 6th and Clement in the Richmond district. The Muni bus involved was the 44 O’Shaughnessy. The bicyclist, declared dead at the scene, was described as a white male, age 25 to 30. The SFPD say he has not yet been identified.