‘Scrubs’ Producer Eric Weinberg Arrested on Sexual Assault Charges, Currently Held on $3.2 Million Bail

Hollywood Producer Eric Weinberg Arrested on Rape Charges; LAPD Seeks More Survivors

A well-known Hollywood producer was arrested Thursday on multiple sexual assault charges for alleged crimes spanning several years. Eric Weinberg, a co-executive producer on “Scrubs” and “Californication,” was taken into custody by Los Angeles Police Department (LAPD) authorities in connection with a series of rapes which officials say occurred between 2012 and 2019.

Scrubs co-executive producer Eric Weinberg arrested on multiple sexual assault charges

Weinberg is accused of targeting women in grocery stores, coffee shops, and other public places throughout Los Angeles County, the LAPD confirmed in a press release.

Police described Weinberg as a “serial sexual assault suspect” who approach women pretending to be a photographer. After arranging photo shoots with multiple women, the Hollywood producer would allegedly lure victims to his home, at which time he would sexually assault them.

LAPD authorities arrested Weinberg at his Los Feliz home on Thursday. He has reportedly been booked for multiple sexual assaults including rape. Weinberg’s bail has been set at $3.2 million, according to FOX 11 Los Angeles.

A report from Deadline noted that LAPD Detectives are expected to pass their investigation over the L.A. County District Attorney’s office “soon.”

When the case is submitted, we will review it and determine if charges are appropriate,” a spokesperson for L.A. District Attorney George Gascón told Deadline Thursday regarding the Weinberg arrest.

The LAPD indicated Weinberg may have actually been committing sexual assaults such as rape since the early 1990s. Accordingly, authorities believe many additional survivors harmed by Weinberg may have yet to come forward.

Anyone with information related to a sexual assault committed by Weinberg or the ongoing investigation, or who knows of someone who may have been targeted by him, is urged to contact the LAPD immediately at 323-561-3272 or via email at 39284@lapd.online.

Buzzfeed.com reported that a representative for Weinberg could not immediately be reached for comment. The media outlet reportedly attempted to contact his former manager’s office, but they declined to comment, indicating that they “haven’t worked with him in years.”

Deadline reported that Weinberg’s career included many credits up until the end of the first decade of the 21st century, such as co-executive producing over 100 episodes of “Scrubs” from 2001-2007 on NBC and ABC. The alleged sexual predator is reportedly a five-time Emmy Awards nominee who also has producing and writing credits on series such as “Anger Management,” “Men at Work,” and “Politically Incorrect With Bill Maher.”

Sexual Assaults are Commonly Underreported

Sexual assaults are unfortunately not reported nearly as often as they occur. But the reasons for why survivors may choose to not come forward can vary considerably on a case-by-case basis.
According to Dordulian Law Group’s partner organization – the anti-sexual violence non-profit RAINN – of the sexual assaults not reported to police from 2005-2010, the survivor gave the following reasons not wishing to come forward:

  • 20% feared retaliation
  • 13% believed the police would not do anything to help
  • 13% believed it was a personal matter
  • 8% reported to a different official
  • 8% believed it was not important enough to report
  • 7% did not want to get the perpetrator in trouble
  • 2% believed the police could not do anything to help
  • 30% gave another reason, or did not cite one reason

Conversely, according to RAINN, of the sexual violence crimes reported to police from 2005-2010, the survivor reporting gave the following reasons for doing so:

  • 28% to protect the household or victim from further crimes by the offender
  • 25% to stop the incident or prevent recurrence or escalation
  • 21% to improve police surveillance or they believed they had a duty to do so
  • 17% to catch/punish/prevent offender from reoffending
  • 6% gave a different answer, or declined to cite one reason
  • 3% did so to get help or recover loss

How to File a Los Angeles, California, Sexual Assault Lawsuit

California sexual assault survivors may choose to bring civil lawsuits in an effort to recover financial compensation for various types of losses. Depending on the circumstances of your sex crime, compensatory damages may be pursued and recovered through a civil claim.

Some common damages that may be secured through a California sexual assault or abuse civil claim include:

  • Counseling or therapy expenses
  • Emotional trauma
  • Psychological distress
  • Loss of consortium
  • Lost wages
  • Lost earning capacity
  • Diminished quality of life
  • Pain and suffering
  • Hospital or medical expenses

How Long Do I Have to File a Sexual Assault Civil Lawsuit for Damages?

Adult survivors of sexual assault and abuse are able to file civil claims up to 10 years after an incident according to the California statute of limitations on sex crimes. Moreover, the statute of limitations allows for a three-year window in civil claims where sexual assaults lead to the discovery of a psychological injury, such as post-traumatic stress disorder (PTSD).

To read more about the California statute of limitations on sexual assault civil and criminal lawsuits, please visit our in-depth blog.

Contact a Sexual Assault Lawyer to File a Claim for Damages

DLG offers sexual assault survivors a unique type of legal representation which includes a four-tiered team of professionals known as the SAJE Team (Sexual Assault Justice Experts):

  1. Tier I: Samuel Dordulian, former sex crimes prosecutor and Deputy District Attorney for Loa Angeles County with over 100 jury trial victories throughout his 25-year career
  2. Tier II: Moses Castillo, DLG’s in-house Chief Investigator and a retired LAPD sex crimes detective
  3. Tier III: Two in-house licensed and accredited victim advocates
  4. Tier IV: An in-house licensed clinical therapist

At DLG, our Sex Crimes Division attorneys have the skill, dedication, and experience you need to secure the justice you deserve. And our recent results speak volumes about the type of aggressive and winning litigation we offer survivors:

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

Contact a member of DLG’s SAJE Team today at 818-322-4056 to learn more about your options for obtaining justice for a sexual assault crime through a civil lawsuit. Our sexual assault lawyers have helped victims recover more than $100,000,000 in settlements and verdicts while maintaining a 98% success record.

Irvine Chiropractor Lincoln Carillo Charged With Sexually Assaulting 7 Female Patients

District Attorney Charges Irvine Chiropractor With Sexually Assaulting 7 Female Patients

A local chiropractor with multiple offices throughout Southern California and at least one in Virginia has been charged with sexually assaulting seven female patients by the Orange County District Attorney’s Office.

District Attorney Charges Irvine Chiropractor With Sexually Assaulting 7 Female Patients

60-year-old Dr. Lincoln Esguerra Carillo was arrested in Virginia last week and transported to Orange County on Monday, according to a FOX 11 Los Angeles report. Carillo is currently awaiting arraignment, which is scheduled for July 15. He is being held on $1 million bail and faces a maximum prison sentence of 24 years, according to the Orange County D.A.

Carillo was charged multiple sex offenses, including:

  • Seven counts of felony sexual penetration by means of fraudulent representation of a professional purpose
  • Four counts of sexual battery by fraudulent representation of a professional purpose
  • 12 misdemeanor counts of touching an intimate part of another person

Carillo has ties to chiropractic offices in Orange, Los Angeles, Riverside, and San Bernardino Counties, according to a press release issued by the Orange County District Attorney’s Office.

He worked at the Twins Chiropractic office in Irvine for approximately four years, according to the Orange County D.A. At that specific location, Carillo reportedly treated a female patient several times for chronic neck pain between April and May 2021. During seven of those visits, Carillo is accused of sexually assaulting the woman. The survivor reported the sexual assaults to the Irvine Police Department in May 2021, the Orange County D.A. confirmed.

During an investigation into Carillo’s alleged sex crimes, Irvine Police detectives identified six additional sexual assault survivors who had been treated by him at the Twins Chiropractic location between January and August of 2021. One woman who is believed to have been sexually assaulted by Carillo required chiropractic care after being injured in a car accident, the Orange County D.A. confirmed in the press release.

Dr. Carillo exploited the high level of trust we place in our medical professionals, to prey upon his victims,” Irvine Police Chief Michael Kent said. “I am thankful for the brave victim that had the courage to come forward and expose his pattern of abuse. A tremendous amount of investigative work went into identifying and interviewing Dr. Carillo’s patients to locate additional victims and present a case to the District Attorney that would support criminal charges.

The Orange County District Attorney believes Carillo has ties to chiropractic offices in the following Southern California cities:

  • Artesia
  • Los Angeles
  • Fountain Valley
  • Seal Beach
  • Long Beach
  • Irvine
  • Orange
  • Upland
  • Cerritos
  • Costa Mesa
  • Placentia
  • Garden Grove
  • Riverside

The D.A.’s Office also noted that, as Carillo is tied to an office in Herndon, Virginia, there may be additional sexual assault survivors throughout California and the East Coast who have yet to come forward and report claims against the disgraced chiropractor.

Anyone with additional information related to a possible sex crime committed by Carillo or the ongoing investigation is urged to contact Irvine Police Detective Nate Ridlon at nridlon@cityofirvine.org.

Vulnerable patients seeking chiropractic treatment for aches and pains should not have to worry about being sexually assaulted,” Orange County District Attorney Todd Spitzer said.

“”Chiropractors and other medical professionals are trusted by their patients to treat them with the dignity and respect that they deserve. Instead, this individual preyed on their vulnerability and sexually assaulted them. The Irvine Police Department did an incredible job pursuing a sexual predator and together we will do everything we can to achieve justice for these women.

Senior Deputy District Attorney Juliet Oliver of the Sexual Assault Unit is reportedly prosecuting the case against Dr. Carillo.

Numerous Doctor Sexual Assault Claims Reported in California

Numerous Doctor Sexual Assault Claims Reported in California

As we noted in a blog from December 2021, several doctors accused of sexual assault and abuse were detailed in a Los Angeles Times investigation. The Times noted that many of the doctors were actually reinstated by the California Medical Board despite losing their licenses for sexual misconduct.

The Los Angeles Times’ report detailed multiple local doctors with offices in Bakersfield, Los Angeles, Victorville, Fountain Valley, and other locations throughout Southern California.

The state medical board, which has long battled allegations that it goes easy on bad doctors and fails to protect patients, reinstated more than half of all sex abusers who sought to get their licenses back, a rate significantly higher than for doctors who lost their licenses for all other reasons,” the Los Angeles Times reported.

Some additional doctor sexual assault scandals that have garnered national headlines in recent years include:

To check your doctor’s background using the Medical Board of California’s license verification search engine, click here.

Can I File a Sexual Assault Claim Against a Doctor?

A survivor may choose to file a doctor sexual assault civil claim to recover financial compensation for damages. Some examples of behavior which may constitute sexual misconduct by a doctor include:

  • Making inappropriate sexual advances
  • Taking advantage of a patient while sedated, under anesthesia, or while otherwise unable to give consent
  • Making inappropriate jokes or remarks (often of a sexual nature)
  • Taking photographs or videos of a patient without consent (often with a personal device)
  • Touching or examining a patient inappropriately
  • Performing medically unnecessary examinations (often of private areas)

To discuss your doctor sexual assault case confidentially, reach out to an experienced sex crime lawyer from Dordulian Law Group (DLG) today for a free and no obligation consultation. We will review the nature of your case and provide you with all available legal options. At DLG, we believe survivors, and we’ve dedicated our careers to fighting aggressively on their behalf to ensure justice is obtained following sexual misconduct.

What Damages Can be Recovered in a Doctor Sexual Assault Lawsuit?

When a doctor sexual assault or abuse lawsuit is filed, various types of financial damages may be pursued on behalf of the survivor.

Depending on the circumstances of your California physician sexual assault, abuse, or misconduct crime, compensatory damages sought may include the following:

  • Counseling or therapy expenses
  • Emotional trauma
  • Loss of consortium
  • Psychological distress
  • Lost wages
  • Lost earning capacity
  • Diminished quality of life
  • Pain and suffering
  • Hospital or medical expenses

DLG’s doctor sexual assault lawyers will work tirelessly to recover all applicable damages for your misconduct claim.

Contact a Los Angeles, California, Doctor Sexual Assault Lawyer Today

DLG was founded by Sam Dordulian, a former sex crimes prosecutor and Deputy District Attorney for Los Angeles County with more than 25 years of experience fighting for justice on behalf of survivors. With over 100 jury trial victories, Dordulian offers survivors of sexual assault peace of mind throughout the litigation process.

Dordulian established DLG’s SAJE Team (Sexual Assault Justice Experts) to provide survivors with all-encompassing legal representation which also includes access to a four-tiered support network. At DLG, our Sex Crimes Division offers additional resources beyond the very best legal representation available:

  • An in-house licensed clinical therapist
  • Two licensed and nationally accredited victim advocates
  • An in-house investigator/retired LAPD sex crimes detective
  • Lead litigator Sam Dordulian and his dedicated team of sexual assault lawyers

If you’ve been victimized by a doctor, you deserve justice under the law. Filing a civil lawsuit with DLG in an effort to secure financial compensation for damages can be the first step in ensuring that your perpetrator is held accountable and does not harm anyone else.

Contact DLG’s doctor sexual assault lawyers today at 818-322-4056 for a free and confidential consultation to discuss your case. Our No Win/No Fee Guarantee means you’ll never have to worry about upfront fees or out-of-pocket expenses. If we don’t win, you don’t pay a dime – it’s that simple.

DLG’s sexual assault lawyers have helped clients secure more than $100 million in settlements and verdicts. And with a 98% success record, you can be confident that your doctor sexual assault claim is in the best possible hands.

At DLG, our results speak volumes. Some of our recent sexual assault case victories include:

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

If you’ve been sexually assaulted by a California physician, DLG’s experienced SAJE Team is here to offer the support, assistance, and utmost professionalism you deserve. We will not rest until justice has been obtained for your sexual assault claim.

Fresno Detectives Say School Employee Sent Sexual Messages to 12-Year-Old Student

Report: Fresno School Employee Sent Sexually Explicit Messages to 12-Year-Old Student

A 22-year-old Fresno school teacher’s assistant was arrested for a misdemeanor act including sending sexual messages to a 12-year-old, the Fresno County Sheriff’s Office confirmed Wednesday.

Fresno School Employee Sent Sexually Explicit Messages to 12-Year-Old Student

Kevin Juarez, described as a “noontime assistant at Storey Elementary School,” was arrested and booked into the Fresno County Jail. He was later released with a citation to appear in court after being accused of misdemeanor annoying or molesting a minor, according to the Fresno Bee.

Juarez worked on the Fresno Unified School District campus during the lunch hour to supervise children while teachers took their breaks, the Fresno County Sheriff’s Office said in the news release.

The release further noted that an unidentified individual reported that Juarez was having inappropriate conversations with a 12-year-old student. Detectives reportedly discovered that the teacher’s assistant had sent messages of a sexual nature to the girl through a social media app.

Anyone with information related to the ongoing investigation into Kevin Juarez is asked by the sheriff’s office to call Sergeant Ericka Rascon at 559-600-8144.

What is Child Sexual Abuse Under California Law?

Children are considered minors under California law. Accordingly, a child is never able to give consent, and any sexual act involving a minor is considered abuse. Under California law, childhood sexual abuse can entail:

Moreover, California law broadly defines child sexual assault as including any sexual act, such as:

  • Rape
  • Sodomy
  • Incest
  • Oral sex

Furthermore, the following actions constitute a sex crime under California law:

  • Sexual penetration with objects, fingers, or genitals
  • Contact between genitals or the mouth of one person and genitals of another
  • Intentional touching of the genitals or intimate areas
  • Masturbation in the presence of a child

Under California law, sexual exploitation of a child can also include depicting a minor in any of the aforementioned acts that are considered sexual assault. Any adult who promotes, uses, or coerces a child into participating in (or encouraging others to participate in) the following actions is committing sexual exploitation under California law:

  • Nude modeling
  • Prostitution
  • Any kind of live sexual performance

In addition, the law explicitly forbids any adult from coercing a child’s guardian into allowing such sexual exploitation or assault.

How Common is Teacher Sexual Abuse in California Schools?

A study issued by the U.S. Education Department confirmed that reports of sexual violence in schools rose more than 50% between the 2015 and 2016 school year.

Dordulian Law Group’s (DLG) blog has featured a number of recent stories of local educators and coaches being either charged or convicted of sex crimes against children:

California AB 218 and Justice for Childhood Sex Abuse

For California childhood sex crimes, the statute of limitations is temporarily paused under Assembly Bill 218 (AB 218). AB 218 took effect on January 1, 2020, effectively tolling (pausing) the statute of limitations on all childhood sex crimes through the end of 2022.

Accordingly, under AB 218, all survivors of childhood sexual abuse or assault may currently file civil claims seeking financial compensation until December 31, 2022. As of January 1, 2023, however, the standard statute of limitations will resume, and survivors who did not file claims will likely be left without any legal recourse.

Additionally, California AB 218 includes a treble damages clause which gives the courts latitude to triple financial damages awards in cases where a cover-up is proven. For example, if you are a sexual abuse survivor who was victimized through a systemic cover-up (at either an individual or institutional level), and that malfeasance was able to be proven in court, a $10 million damages award could theoretically be increased to $30 million under the AB 218 treble damages clause.

The treble damages clause was included in California AB 218 in an effort to severely punish bad actors who participated in systemic cover-ups.

For additional information on California AB 218 and how it offers survivors of childhood sexual abuse an unprecedented opportunity at justice, please visit our recent blog post.

Contact a Los Angeles, California, Teacher/School Sexual Abuse Lawyer

California childhood sexual abuse civil lawsuits may be brought in an effort to recover financial compensation for various types of losses. Depending on the circumstances of childhood sex crime, compensatory damages may be pursued and recovered through a civil claim.

Examples of some common damages that may be secured through a California childhood sexual assault or abuse civil claim include:

  • Counseling or therapy expenses
  • Emotional trauma
  • Psychological distress
  • Lost wages
  • Lost earning capacity
  • Diminished quality of life
  • Pain and suffering
  • Hospital or medical expenses

DLG is a leading California-based school sexual assault firm representing survivors across the United States. We offer clients a unique type of legal representation which includes a four-tiered team of professionals known as the SAJE Team:

  1. Lead Litigator, Sam Dordulian, a former sex crimes prosecutor and Deputy District Attorney for Los Angeles County with more than 100 jury trial victories
  2. Chief Investigator, Moses Castillo, a retired LAPD detective who worked primarily in the elite Abused Child Unit handling some of the city’s most high-profile sex crime cases
  3. Two licensed and nationally accredited victim advocates
  4. An in-house licensed clinical therapist

DLG’s experienced childhood sexual abuse lawyers have helped countless survivors secure maximum financial damages awards. Some of our recent sexual assault civil lawsuit victories include:

If you experienced a sexual assault incident, don’t wait to file a claim. Contact our expert attorneys online or by phone for a free consultation today.

For a free and confidential consultation regarding your childhood sexual assault or abuse civil claim, contact a member of DLG’s SAJE Team today at 818-322-4056. Our sex crime attorneys have helped victims recover more than $100,000,000 in settlements and verdicts while maintaining a 98% success record.

There is never any fee for our expert childhood sexual abuse legal representation until we’ve successfully recovered a maximum financial damages award for your claim. If we don’t win, you don’t pay – it’s that simple.

Contact a DLG sexual abuse lawyer today to begin the process of securing justice for your school or teacher childhood sex crime claim.

California Assembly Bill 1594 Allows for Civil Lawsuits Against Gun Makers

Governor Newsom Signs Bill Allowing Gun Violence Victims to Sue Firearm Manufacturers

California Governor Gavin Newsom signed a new law Tuesday which effectively clears a path for state residents affected by gun violence to sue firearm manufacturers and sellers for damages in civil court.

Governor Newsom Signs Bill Allowing Gun Violence Victims to Sue Firearm Manufacturers

To the victims of gun violence and their families: California stands with you. The gun industry can no longer hide from the devastating harm their products cause,” Governor Newsom said in a press release.

Known as California Assembly Bill 1594 (AB 1594), the new law allows individuals, local governments, and the state Attorney General to take legal action against gun manufacturers and gun sellers, NBC 4 Los Angeles reported.

AB 1594 offers victims of gun violence the opportunity to file civil lawsuits for financial compensation in spite of a 2005 federal law known as the Protection of Lawful Commerce in Arms Act (PLCAA).

California AB 1594 “utilizes an exemption to the federal statute that allows gun makers or sellers to be sued for violations of state laws concerning the sale or marketing of firearms,” according to the official news release.

Our kids, families and communities deserve streets free of gun violence and gun makers must be held accountable for their role in this crisis. Nearly every industry is held liable when people are hurt or killed by their products – guns should be no different,” Governor Newsom said.

According to a CNN report, the State of California has also:

  • Allocated $156 million in gun violence prevention grants to support nearly 80 cities and nonprofit organizations
  • Implemented anti-violence programs tailored to their local communities

California Assemblymember Phil Ting, who co-authored the bill, said that allowing victims to sue gun manufacturers and potentially affect their financial bottom lines “may finally compel them to step up to reduce gun violence by preventing illegal sales and theft.”

“Gun violence is now the leading cause of death among kids and teens in the United States, surpassing car accidents. I see no better argument for stronger gun safety legislation,” Ting said. “For far too long, the firearms industry has enjoyed federal immunity from civil lawsuits, providing them no incentive for them to follow our laws.”

The Los Angeles Times reported that the objective of AB 1594 is to “impose the same sort of liability on the firearms industry that other manufacturers and retailers routinely face.” Tanya Schardt of the Brady gun-control advocacy group, which co-sponsored the bill with California Attorney General Rob Bonta, told the Times that the new legislation will hold gun manufacturers accountable in civil court.

Right now, the gun industry is exclusively insulated from liability for dangerous, irresponsible or negligent business practices,” Schardt said. “This is just making sure the gun industry is not insulated in ways that every other industry is not.

The L.A. Times further reported that AB 1594 could potentially have multiple ramifications, including:

  • Erecting a barrier to at least some types of assault weapons in California
  • Pressuring manufacturers and dealers to rein in illicit sales and promote safer products

However, as the Times also noted, AB 1594 will likely be challenged in court by “gun-rights advocates, who say it would lead manufacturers to stop doing business in California.

What is California AB 1594 and How Will it Impact Gun Makers?

Under the new law, companies making and selling guns, ammunition, parts, and accessories in California will be held to “standards of conduct.”

Some of said standards under AB 1594 include:

  • Putting “reasonable controls” in place to guard against improper sales, such as those to straw purchasers, gun traffickers, and people who present a “substantial risk” of using the product unlawfully or to harm themselves or others.
  • Guarding against the loss or theft of gun-related products from wholesalers and retailers.
  • To “not otherwise promote the unlawful manufacture, sale, possession, marketing or use of a firearm-related product.”
  • Barring the manufacture, marketing, importation, or sale of firearm-related products that are “abnormally dangerous,” or deadly beyond their “inherent capacity to cause injury or lethal harm.”

The L.A. Times reported that “abnormally dangerous” is defined under AB 1594 as:

  • Having “features that render the product most suitable for assaultive purposes” instead of hunting or self-protection
  • Being designed or marketed in a way that “foreseeably” promotes conversion into automatic weapons or other illegal products
  • Being designed and promoted in a way that targets minors or people who can’t legally possess firearms

Deterring manufacturers from supplying the fraction of dealers responsible for selling the vast majority of guns used in crimes is the main goal of the new standards of conduct, Tanya Schardt of the Brady gun-control advocacy group said to the Los Angeles Times.

A 2000 study conducted by the Bureau of Alcohol, Tobacco Firearms and Explosives indicated that almost 90% of the firearms recovered by law enforcement officials were traced back to 7% of gun dealers and pawnbrokers. (More recent data isn’t available because of a 2003 federal law barring the feds from sharing these statistics with the public, the Los Angeles Times reported.)

California AB 1594 is scheduled to go into effect July 1, 2023.

Who May be Able to Sue Gun Companies Under California AB 1594?

AB 1594 mandates that any victim of gun violence “who has suffered harm as a result of the violation” may file a civil lawsuit for damages.

The Los Angeles Times offered an example of such a scenario:

“The family of someone shot by a person wielding a military-style rifle could sue the manufacturer and the seller of the weapon, alleging that it was ‘abnormally dangerous.'”

If the plaintiffs win their case, a court could impose an injunction against the defendant [a gun or firearm manufacturing company] and award damages, attorney fees. and costs, as well as “any other appropriate relief necessary to … remedy the harm caused by the conduct,” the Los Angeles Times reported.

The National Rifle Association (NRA) reportedly opposed AB 1594 as it was being considered by the California Legislature, calling it “frivolous litigation.”

“The term ‘reasonable controls’ is not defined as conforming to a specific set of measures or regulations,” the NRA said, according to the Los Angeles Times.

A member of the California Rifle and Pistol Association reportedly referenced the 2005 federal Protection of Lawful Commerce in Arms Act (PLCAA), citing the following passage as being an outright contradiction to the legitimacy of AB 1594:

“The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation’s laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States.”

Speaking with the Los Angeles Times, Schardt noted that while she expects AB 1594 to be challenged by various gun advocacy groups in court, a similar law that recently passed in New York survived despite such pushback.

“The reality is most of the time, manufacturers and dealers, they are acting responsibly,” Schardt said. “We know there’s a small sliver of time when they’re not,” and that’s when “victims should be able to get accountability.”

What Damages May be Recovered in a California AB 1594 Gun Maker Lawsuit?

If an act of gun violence which constitutes a breach of the aforementioned standards of conduct results in a death, the surviving family members may wish to bring a wrongful death lawsuit. Wrongful death lawsuit damages typically fall under three categories:

  • Economic
  • Non-economic
  • Punitive

Examples of economic damages that may be recoverable in California AB 1594 wrongful death lawsuit include:

  • Funeral and burial expenses
  • Medical bills related to the accident that killed your loved one
  • The loss of benefits family members could have received from the decedent
  • The value of the decedent’s health insurance or pension
  • The loss of financial support the decedent would have provided during their lifetime
  • A reasonable value for the household services the decedent would have been able to provide

Examples of common non-economic damages that may be recoverable in a California AB 1594 wrongful death lawsuit include:

  • Loss of affection
  • Loss of protection
  • Loss of guidance and training
  • The loss of support and companionship
  • Loss of sexual relations
  • Loss of moral support

Punitive damages, which are not capped in the state of California, may be recovered in rare cases where a defendant exhibits a wonton disregard for human life. Moreover, punitive damages may be found to apply in certain AB 1594 wrongful death cases brought against liable gun manufacturers. Dordulian Law Group’s wrongful death lawyers pursue punitive damages on behalf of clients in all applicable cases.

If an act of gun violence which constitutes a breach of the aforementioned standards of conduct results in an injury, the victim may wish to file a personal injury civil lawsuit. Examples of damages that may be recoverable in a gun manufacturer personal injury lawsuit include:

  • Pain and suffering
  • Hospital and medical expenses
  • Physical therapy or rehabilitation costs
  • Loss of consortium
  • Lost wagers
  • Diminished quality of life
  • Lost earning capacity
  • Emotional trauma or phycological harm

Contact a California a Lawyer to Discuss Your Gun Violence or Gun Manufacturer Lawsuit

Dordulian Law Group (DLG) is a California personal injury firm representing clients throughout the nation. DLG was founded by Sam Dordulian, a former Deputy District Attorney for Los Angeles County with more than 100 jury trial victories throughout his esteemed 25-year career.

DLG’s dedicated personal injury lawyers have helped victims secure more than $100 million in settlements and verdicts while maintaining a 98% success record. If you or someone you care about has been the victim of gun violence due to negligence on the part of a firearm manufacturer, you may be entitled to financial compensation under California AB 1594.

Contact a member of our team today for a free and no obligation gun manufacturer lawsuit consultation. We’ll fight tirelessly to help you secure justice and recover the maximum financial compensation you deserve.

Can I Sue if I Was Hit by a Car While Jaywalking?

Who is At Fault if a Pedestrian is Hit by a Car While Jaywalking?

Pedestrian accidents are a frequent occurrence in Los Angles. Data provided by the University of Southern California confirms that more than 14,230 pedestrians were injured in motor vehicle collisions on Los Angeles city streets between 2012 and 2016. During that time, 439 pedestrians were tragically killed in traffic accidents.

Can I Sue if I Was Hit by a Car While Jaywalking?

But pedestrian accidents represent a troublesome issue which has an impact throughout California, with the Office of Traffic Safety (OTS) confirming 893 deaths on state roadways in 2018. That figure represents a staggering 26% increase from 2014.

With so many pedestrian accident injuries and fatalities occurring in Los Angeles County and throughout California, Mayor Eric Garcetti signed an executive directive stablishing Vision Zero L.A., a program within the city’s Department of Transportation which aims to eliminate all traffic deaths by 2025.

While Vision Zero is an ambitious initiative, pedestrian accidents continue to occur regularly on Los Angeles streets. One of the most common questions encountered by the dedicated personal injury lawyers at Dordulian Law Group is:

If I was jaywalking and got hit by a car, can I still sue for my injuries?

Let’s look at that question in greater detail in the sections below. We’ll also provide information on how to file a pedestrian accident injury civil claim, review what types of damages may be recovered for your specific case, and include details on how to arrange for a free and no obligation consultation with a Dordulian Law Group (DLG) personal injury or car accident lawyer.

What Does California Law Say About Jaywalking?

What Does California Law Say About Jaywalking?
California Vehicle Code 21954 states:

(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

This means that, while a pedestrian crossing the street at any location other than a marked or unmarked crosswalk (or at an intersection) should always yield the right-of-way to all vehicles on the road, jaywalking is still technically considered legal so long as it is done with caution. While a ticket or citation may be issued for jaywalking, if a pedestrian is acting in a manner which is not considered “an immediate danger,” he or she may not be held liable in the event of a car accident or other type of motor vehicle collision.

In other words, jaywalking laws are in place in California, but they are also open to interpretation – particularly when car accidents leading to injuries or fatalities occur. This is just one of the many reasons why hiring the best pedestrian accident lawyer to handle your claim is so important.

What Happens if a Pedestrian is Hit by a Car While Jaywalking?

California follows what’s known as comparative negligence in personal injury law. What this means is that when an accident involving an injury occurs due to negligence, a percentage of liability is assigned to all involved parties. In some cases, a single party may share 100% of the liability. An example of such a scenario could be a driver who was texting at the time of a car accident.

However, when it comes to pedestrian accidents involving jaywalking, determining fault may not be as straightforward. While pedestrians have a duty of care to follow the traffic laws, liability in pedestrian accidents – particularly those involving jaywalking – can be complex and require a skilled personal injury lawyer in order to reach a successful and just conclusion.

Who Is At Fault if A Pedestrian Is Hit While Jaywalking?

California’s comparative negligence laws ensure that overall liability will determine how much financial compensation an injured victim recovers – whether for a pedestrian, car, truck, or motorcycle accident. For example, if you were injured while jaywalking but the driver of the vehicle which struck you was distracted while behind the wheel, you may be able to recover financial compensation for various damages.

If, for example, you were found to be 30% liable for your jaywalking pedestrian accident and received a $1 million settlement for things like medical bills and lost wages, the ultimate amount you would actually be awarded would be $700,000 (reduced according to the 30% liability you shared). In short, comparative negligence is intended to help award fair and just settlements or verdicts to injured victims who may share some liability for accidents.

However, proving liability in a pedestrian accident where you’ve been jaywalking is something that will almost certainly require the knowledge, skill, and experience of a proven personal injury lawyer from DLG. We’ve helped countless injured victims secure maximum financial compensation for all types of injuries – car accidents, truck accidents, motorcycle accidents, Uber/Lyft accidents, pedestrian accidents, and more. Remember – when you’re injured in a pedestrian accident involving jaywalking and share some liability for the incident, you still may be eligible to recover substantial financial compensation under California’s comparative negligence law.

If you’ve been injured in a pedestrian accident, contact DLG’s dedicated personal injury lawyers today at 818-322-4056.

For additional information on California’s comparative negligence law, please visit DLG’s recent blog.

How Can I Recover Financial Compensation for a Pedestrian Accident Injury?

The best way to ensure that you recover all applicable damages for your pedestrian accident injury claim is by securing the representation of a skilled and proven attorney who has experience handling such cases and recovering maximum financial compensation for clients. At DLG, we’ve helped myriad pedestrian accident victims secure the compensation necessary to make a complete recovery which includes their physical, emotional, and financial well-being.

Filing a personal injury claim can be a means of ensuring that justice is served, but also that you as a victim are made “whole” for any losses sustained as a result of your accident. When you reach out to a pedestrian accident lawyer from DLG for a free consultation, we will review the facts of your case, provide you with all available legal options, offer a timeline for the litigation process and a possible cash settlement, and include an estimate for how much your final damages award may be worth.

Do I Need to Hire a Lawyer if I’m Injured in a Jaywalking Pedestrian Accident?

Hiring an experienced personal injury lawyer after a pedestrian accident is always recommended. Doing so can help ensure that your claim is maximized – meaning you recover the greatest financial compensation available. But having a dedicated attorney also ensures that your rights are protected, and that you do not agree to accept more liability than you are actually responsible for (or to a settlement that is unfair). This can be especially important if you’ve been accused of jaywalking.

Moreover, hiring a pedestrian accident lawyer from Dordulian Law Group can be invaluable when attempting to recover subjective and intangible damages such as pain and suffering. An experienced lawyer will know how to best present the facts of your case to prove the true amount of financial compensation you deserve for things like pain and suffering, emotional trauma, and more.

And studies have shown just how important it can be to hire the absolute best personal injury lawyer available. One such study, by the Insurance Research Council (IRC), recently confirmed the following personal injury claim statistics:

  • Settlements for injured claimants were 40% higher when they had secured private legal representation.
  • The average insurance payout was 3.5 times higher for injured victims who hired private attorneys (when compared to those representing themselves).
  • 85% of all money paid by insurance companies for bodily injuries is received by victims who have secured representation from a private personal injury attorney.

What Damages May be Recovered in a Pedestrian Accident Injury Lawsuit?

Even if you are partly responsible for your jaywalking pedestrian accident injury, you may be able to recover financial compensation. If the other party involved shared a portion of negligence or carelessness, economic and non-economic damages may be awarded after your accident. The specific damages that you may recover can vary depending on the unique circumstances of your jaywalking pedestrian accident (e.g. severity of your injuries, the extent of the driver’s liability, the driver’s past record, etc.).

The most common examples of pedestrian accident damages in civil lawsuits are broken down below according to type.

Common California Pedestrian Accident Injury Economic Damages:

  • Medical expenses
  • Emergency department treatment
  • Physical Therapy
  • Rehabilitation
  • Lost Wages
  • Lost Earning Capacity

Common California Pedestrian Accident Injury Non-Economic Damages:

  • Pain and suffering
  • Emotional trauma
  • Reduced quality of life
  • Scarring or other serious injury
  • Compensation for loss of a limb or disfigurement

Hiring a DLG pedestrian accident lawyer can help ensure that your personal injury claim is maximized, and that you recover all applicable damages after an incident due to negligence. Our Personal Injury Division is led by Sam Dordulian, a former Deputy District Attorney for Los Angeles County. With more than 25 years of experience, Dordulian has helped innumerable injured victims secure the maximum financial compensation they deserve.

To learn more about how important it can be to have an experienced DLG California pedestrian accident lawyer handling your case, take a look at our in-depth blog on how pain and suffering damages are calculated in personal injury civil claims.

How Much is a Pedestrian Accident Injury Lawsuit Worth?

The value of your pedestrian accident injury case will depend on a number of factors, such as:

  • The severity of your injuries
  • How those injuries will impact your quality of life/ability to work
  • The degree of negligence you share if you were jaywalking at the time of the incident
  • The degree of negligence on the part of the defendant
  • Whether or not you have medical documentation to support your claim
  • Whether there are witnesses or others to support your version of events
  • Whether you filed your claim within the two-year statute of limitations

Pedestrian accident injury cases often lead to substantial financial damages awards when negligence is clearly involved. DLG’s pedestrian accident lawyers recommended that you arrange for a free consultation as soon as possible to determine whether or not you may be entitled to financial compensation. In many cases, financial damages may be awarded, even if you shared some liability for the incident.

At DLG, we promise to always pursue the maximum financial compensation you deserve for your personal injury or pedestrian accident claim.

What if I Was Injured as a Driver Due to a Jaywalking Pedestrian?

If a pedestrian was jaywalking and caused you to swerve or lose control of your vehicle leading to an accident injury, you may be entitled to financial compensation through a civil claim. Pedestrians have a duty of care to obey traffic laws and signals, and acting in a manner that endangers anyone – whether a driver, passenger, or other pedestrian – can be grounds for negligence in a civil lawsuit.

If you’ve been injured in a car accident due to a jaywalking pedestrian, contact DLG’s experienced lawyers today for a free consultation.

How Long Do I Have to File My Pedestrian Accident or Car Accident Lawsuit?

It’s important to file your pedestrian accident injury claim as soon as possible to preserve any evidence you may need to prove your case. By contacting a member of our team at 818-322-4056, we can begin the legal process which ensures that maximum financial compensation is pursued within the typical two-year statute of limitations under California law. DLG’s pedestrian accident lawyers will work with medical experts and other <>investigative professionals like our in-house Chief Investigator with 30 years of experience in the LAPD, Detective Moses Castillo. Our team will help gather and preserve crucial evidence that will strengthen your pedestrian accident injury claim – even if you happened to be jaywalking but were only partially responsible for the incident.

Our experienced attorneys can help you pursue a financial award for your personal injury case. Contact us online or by phone for a free consultation today.

DLG’s Los Angeles personal injury lawyers have secured more than $100 million in settlements and verdicts for clients while maintaining a 98% success record. With our No Win/No Fee Guarantee, there is never any upfront cost for our expert pedestrian accident injury legal representation, and you never pay a dime until we successfully secure a maximum financial damages award for your claim.

Contact a DLG Los Angeles, California, pedestrian accident injury lawyer today at 818-322-4056 to arrange for a free consultation.

Don’t miss the deadline for filing your pedestrian accident lawsuit. Injured victims who fail to file claims quickly may not be able to recover maximum financial compensation for a variety of reasons. Additionally, those injured pedestrian accident victims who do not file claims within the statute of limitations typically waive their right to seek critical financial compensation for damages.

For a pedestrian accident injury, the only call you need to make is to the experienced lawyers at DLG.

Orange County Crime Lab Clears DNA Rape Kit Backlog Leading to Charges in 6 Cold Cases

Orange County Clears DNA Sexual Assault Kit Backlog; Charges Filed in 6 Cold Cases

Law enforcement officials in Orange County, California, cleared a backlog of hundreds of untested DNA sexual assault kits dating back decades, the results of which led to charges being filed in six cold cases, the District Attorney’s Office confirmed last week.

Orange County Clears DNA Sexual Assault Kit Backlog; Charges Filed in 6 Cold Cases

At least 1,700 DNA rape kits were tested by the county’s crime lab as well as an outside lab under the direction of the District Attorney’s Orange County Sexual Assault Forensic Endeavor (OC SAFE) program, the D.A.’s Office confirmed in a public statement.

Every one of these untested sexual assault kits represents a victim who deserves justice,” Orange County District Attorney Todd Spitzer said in the statement.

“By clearing the backlog, we fulfilled a promise to every victim of sexual assault that the Orange County District Attorney’s Office will never stop fighting for victims and we will never stop fighting for justice,” Spitzer added.

The oldest untested DNA sexual assault kit reportedly dated back to 1977, according to Kimberly Edds, spokesperson for the D.A.’s Office.

Edds further confirmed, according to a report from NBC News, that approximately two dozen additional DNA rape kits collected by the Orange County Sheriff’s Office are currently being tested.

The OC SAFE program reportedly began in 2016 with around $2 million in state and federal funding.

NBC News reported that the testing of the backlogged DNA rape kits resulted in:

  • Hundreds of new suspect DNA profiles being uploaded to law enforcement databases around the country, including the FBI’s national DNA database
  • Criminal charges being filed in six cold cases

One such cold case involved a woman who was raped at gunpoint in 1993 in Stanton, California, by a man who pretended to be a police officer, NBC News reported.

The woman was raped in a car while on a date with another man. The couple also were robbed and their car stolen,” NBC News confirmed.

“DNA from the rape kit led to a suspect, Michael Ray Armijo, who was convicted last year of two felony counts of kidnap to commit robbery with enhancements for personal use of a firearm. The DA’s office said Armijo couldn’t be charged with rape because the statute of limitations had expired but he was given the maximum possible sentence of 24 years to life in state prison,” the NBC News report indicated.

Why Do DNA Rape Kits Go Untested?

Why Do DNA Rape Kits Go Untested?

A KTLA report notes that OC SAFE offers various reasons for rape kits going untested, including:

  • Cases in which a suspect was identified through “superior evidence” such as a confession or other evidence collected at a crime scene.
  • Testing may not be conducted if the survivor opted not to cooperate with the investigation.
  • Limitations in technology may also impact DNA rape kit testing.
  • Shortages in funding and qualified staff members may impact how quickly DNA sexual assault kits are tested in specific jurisdictions.

KTLA further reported that OC SAFE representatives confirmed “major changes” which have been implemented to prevent future testing backlogs. Such changes reportedly include “better cooperation between law enforcement agencies, crime labs and those who are qualified to perform and collect the evidence acquired in a sexual assault kit.”

Moreover, as of 2016, California law requires all law enforcement agencies to submit forensic evidence of sexual assaults to crime labs within 20 days of collection.

OC SAFE offers further information in a Frequently Asked Questions section on the organization’s website.

HBO ‘I Am Evidence’ Documentary Highlights National Rape Kit Backlog Issue

Last year, Dordulian Law Group (DLG) published a blog detailing the scope of the national rape kit backlog issue, which was also presented in a 2017 HBO documentary entitled, “I Am Evidence.

The film includes numerous examples of law enforcement agencies throughout the nation that have cleared backlogs of DNA rape and sexual assault kits, often leading to criminal charges being filed against repeat offenders.

For additional information on how backlogged DNA rape kits are being addressed on a state-by-state basis, please visit the EndtheBacklog.org website.

Filing a Sexual Assault Civil Lawsuit – What are My Options?

Sexual assault survivors should be aware of the different types of justice available after a crime has occurred, including both civil and criminal proceedings. Criminal charges may be filed in sexual assault cases, but that ultimate decision rests with the District Attorney’s Office.

Sexual assault civil lawsuits may be filed by or on behalf of survivors, regardless of whether or not criminal charges are ever brought. In many cases, sexual assault civil claims may be settled without ever having to go to trial. Additionally, many sexual assault civil claims are settled while preserving the anonymity of the survivor.

DLG’s Los Angeles, California, sexual assault lawyers are available 24/7 to answer any questions you may have about filing a civil lawsuit for damages against a sexual predator.

For additional information on the difference between sexual assault civil and criminal lawsuits, please visit DLG’s recent blog.

What Damages May be Recovered in a Sexual Assault Lawsuit?

Survivors of sexual assault may wish to file civil lawsuits in an effort to recover financial compensation.

Compensation for various damages may be secured through a sexual assault civil claim, such as:

  • Emotional trauma
  • Counseling or therapy expenses
  • Psychological distress
  • Lost wages
  • Lost earning capacity
  • Diminished quality of life
  • Pain and suffering
  • Hospital or medical expenses

DLG’s sexual assault lawyers are dedicated to fighting aggressively on behalf of all clients to secure any applicable financial damages through a maximum cash settlement or verdict.

Contact California’s Best Sexual Assault Lawyers – DLG’s SAJE Team

DLG is a leading California-based sexual assault and abuse firm fighting for survivors across the nation. Our four-tiered SAJE Team offers clients a unique type of legal representation which includes access to:

  • Two licensed and nationally accredited victim advocates
  • A licensed in-house clinical therapist
  • A retired LAPD sex crimes detective
  • A former sex crimes prosecutor

Led by Sam Dordulian, a former Deputy District Attorney for Los Angeles County, DLG’s sexual assault lawyers have helped countless survivors secure maximum financial damages awards.

Some of our recent sexual abuse and assault civil lawsuit victories include:

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

For a free and confidential consultation regarding your sexual assault case, contact a member of DLG’s SAJE Team today at 818-322-4056.

Our sex crime attorneys have secured more than $100,000,000 in settlements and verdicts for survivors while maintaining a 98% success record. When you’re ready to take the first step towards obtaining justice on your own terms, DLG’s SAJE Team is here to fight tirelessly on your behalf.

How Common are U.S. Drowsy Driving Accidents?

Drowsy driving is considered a type of distracted driving which results in countless injuries and fatalities to motorists, pedestrians, and bicyclists every year. Drowsy driving is extremely dangerous, putting the safety and health of both the driver and those around him or her at risk.

Should I Hire a Lawyer for a Drowsy Driving Accident Injury?

Drowsy driving can be caused by any number of factors, including poor sleep, prescription medications, illicit drug or alcohol use, etc. Drowsy driving is often equated to drunk driving, as a driver’s reaction time and decision making skills can be significantly reduced, potentially leading to serious car accidents and other types of collisions.

Below we will look at drowsy driving in more detail, including some recent statistics, what sorts of injuries are often caused by such car accidents, and what types of damages for an injury due to negligence may be recoverable through a civil lawsuit with Dordulian Law Group.

2022 Drowsy Driving Accident Statistics (Based on Latest Data)

Drowsy Driving Accident Statistics 2022

When operating a motor vehicle while drowsy, drivers’ reaction times, awareness of hazards, and ability to maintain attention are all diminished, similar to drunk or drug-induced driving. This information has been confirmed by the National Sleep Foundation.

In fact, driving after going more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08% – the U.S. legal limit. Moreover, you are three times more likely to be in a car accident if you are fatigued while behind the wheel.

Let’s look at some of the most recent statistics on drowsy driving in the United States:

  • 697 deaths due to drowsy driving-related crashes occurred in 2019, according to the National Highway Traffic Safety Administration (NHTSA).
  • In 2019, 1,240 drivers who were involved in fatal crashes (or 2.4%) were reported as being drowsy.
  • According to the NHTSA, 795 people were killed in drowsy-driving related crashes in 2017.
  • Between 2013 and 2017, there were a total of 4,111 fatalities that involved drowsy driving.
  • In 2017, there were 91,000 police-reported crashes that involved drowsy drivers (and those crashes led to about 50,000 people being injured).
  • Fatalities involving a drowsy driver accounted for 2% of all traffic deaths in 2016.
  • According to a Centers for Disease Control and Prevention (CDC) study, one in 25 drivers surveyed reported that they had fallen asleep while driving in the past 30 days.
  • According to the Governors Highway Safety Association (GHSA), 10 to 20% of large truck or bus crashes involved a tired driver.
  • The GHSA also issued a report in August 2016 concluding that the estimated annual societal cost of fatigue-related fatal and injury crashes was $109 billion. This figure does not include property damage, however.
  • The NHTSA found that many drowsy-driving crashes involve a single vehicle, with no passengers besides the driver, running off the road at a high rate of speed (often with no evidence of braking).
  • Drowsy driving accidents frequently occur on rural roads and highways.

One of the most problematic aspects of drowsy driving is its insidiousness – a driver may not know whether or not he or she is in fact fatigued while behind the wheel. Depending on the extent of one’s fatigue, whether due to lack of sleep or perhaps influence from medications, the National Safety Council (NSC) notes that some people may also experience micro-sleep – short, involuntary periods of inattention – while behind the wheel. In the four or five seconds a driver experiences micro-sleep, at highway speed, “the vehicle will travel the length of a football field,” the NSC confirms.

When Do Drowsy Driving Accidents Most Commonly Occur?

According to the NHTSA, drowsy driving crashes and fatalities:

  • Occur most frequently between midnight and 6 a.m., or in the late afternoon;
  • Occur at both times of the day, typically when people experience dips in their circadian rhythm – the human body’s internal clock that regulates sleep.

Accidents and Injuries Caused by Drowsy Driving

Accidents and Injuries Caused by Drowsy Driving

A study by the American Automobile Association (AAA) found that 21% of all car accidents leading to fatalities were due to drowsy driving. Moreover, one third of all drowsy driving accidents reportedly cause serious injuries.

Some common accident scenarios that are often caused by drowsy driving include:

  • High-speed crashes
  • A driver veering off the roadway
  • Failing to heed traffic signals or roadway warnings
  • Crashes involving property damage
  • Crashes occurring late at night or early in the morning

Drowsy driving accidents can lead to a number of injuries, often those which are considered either severe or catastrophic. Some common drowsy driving accident injuries include:

  • Cuts, scrapes, or lacerations
  • Broken or fractured bones
  • Traumatic brain injury (TB)
  • Concussion (MTBI)
  • Paralysis
  • Back injury
  • Spinal cord injury
  • Whiplash

What Can I Do if I’ve Been Injured in a Drowsy Driving Accident?

Drowsy driving is a form of negligence under California law. Accordingly, a driver, passenger, or pedestrian injured in a drowsy driving accident caused by another party may be eligible to recover financial compensation for things like hospital or medical bills, lost wages, pain and suffering, emotional trauma, and more.

If you’ve been injured in a drowsy driving accident through no fault of your own, filing a civil claim for damages can be the best means of making a complete recovery which includes your health and well-being, and also addresses your financial situation. But there are recommended steps to take after a drowsy driving accident to help ensure that your claim is maximized and you recover the cash settlement you deserve.

Seeking medical attention after a drowsy driving accident is perhaps the most important of said steps. A thorough medical exam by a licensed physician will ensure that your health is addressed, but it will also provide critical documentation to help support your civil claim. If you wait to seek medical attention, the at-fault party may attempt to claim that your injuries were due to factors other than the drowsy driving accident. Accordingly, the drowsy driving accident lawyers at Dordulian Law Group (DLG) strongly encourage every injured victim to seek medical care immediately after an incident occurs.

Moreover, if at all possible, DLG’s car accident lawyers recommend the following steps be taken after a drowsy driving crash:

  • Call the police and report the incident.
  • Take photos and videos of the accident scene.
  • Take photos and videos of your injuries.
  • Gather witness statements.
  • Gather contact information of all involved drivers (particularly the drowsy or at-fault driver).
  • Gather vehicle information (particularly the vehicle that caused the crash).
  • File an official report with the DMV.
  • Do not make any official statement to your insurance company (or the at-fault party’s insurance provider).
  • Do not sign any legal documents or accept any type of settlement/cash offer without first speaking to an experienced car accident lawyer.
  • Contact a proven and aggressive car accident lawyer at DLG for a free consultation to ensure your rights are protected and the maximum financial compensation you deserve is pursued.

Do I Need to Hire a Lawyer for a Drowsy Driving Accident Injury?

When you’re injured in a drowsy driving accident, one of the most difficult aspects involved may be determining fault. Although you may be certain that the driver who caused the accident and resulting injuries you suffered was in fact drowsy, proving that liability under the law can be challenging without a great deal of experience. That’s where the personal injury lawyers at DLG can help.

Led by Sam Dordulian, a former Deputy District Attorney for Los Angeles County, DLG is a proven and leading car accident firm with over 25 years of personal injury experience. Moreover, Dordulian’s more than 100 jury trial victories mean you never have to worry about having to accept a lowball settlement offer which does not fairly compensate you for all of your injuries and damages – past and future.

Unlike settlement mill firms that may be quick to accept such an unfair offer, DLG’s car accident lawyers prepare every drowsy driving accident claim for trial. Accordingly, if the at-fault party or insurance provider refuses a maximum settlement which encompasses all of your applicable damages, we simply take the case to trial and prove it before a jury.

Hiring a DLG drowsy driving accident lawyer can help ensure that you recover all economic damages within your claim, but also all non-economic damage as well. Such non-economic damages, including pain and suffering or emotional trauma, can be difficult to prove without the assistance of a skilled and proven personal injury lawyer from DLG.

Some of the damages we will pursue on your behalf following a drowsy driving accident injury may include:

  • Lost wages
  • Lost earning capacity
  • Emotional trauma
  • Medical care expenses
  • Hospital bills
  • Physical therapy or rehabilitation expenses
  • Diminished quality of life
  • Pain and suffering
  • Punitive damages

How Long Do I Have to File a Drowsy Driving Accident Claim?

Drowsy driving accidents typically adhere to the standard two-year personal injury statute of limitations under California law. This means that you usually have two years from the date of a drowsy driving accident injury to file a civil claim for damages.

However, it is in your best interest to not delay filing you claim, but instead to contact an experienced personal injury lawyer immediately after your accident. Doing so will help improve the chance of reaching a successful conclusion to your case which includes a maximum cash settlement or verdict.

Furthermore, claims filed against government or public entities are often held to a shorter statute of limitations – sometimes only six months. Accordingly, it is in your best interest to arrange for a free and confidential consultation with a DLG car accident lawyer as soon as possible after your injury occurs.

What Are the Signs of Being Drowsy/Fatigued?

Free Los Angeles, California, Drowsy Driving Accident Lawyer Consultation

Contact a drowsy driving accident lawyer from DLG’s Car Accident Division today for a free, confidential, and no obligation consultation at 818-322-4056. Our No Win/No Fee Guarantee means that we don’t charge a penny until we’ve successfully recovered maximum financial compensation for your car accident injury claim. If we don’t win, you don’t pay – it’s just that simple. With DLG, you have nothing to lose and everything to gain by filing a drowsy driving accident injury claim for the financial compensation you truly deserve.

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert car accident attorneys.

To date, we’ve helped injured victims like you secure more than $100 million in settlements and verdicts while maintaining a 98% success record. When you’ve suffered an injury due to a drowsy driver, DLG’s Los Angeles car accident lawyers are here to pursue justice on your behalf, and to fight aggressively to recover the maximum financial compensation you need to make a complete recovery.

Don’t settle for anything less than the DLG Advantage when you’ve been injured in a California drowsy driving accident.

What are My Rights as a Passenger if I’m Injured in a California Car Accident?

What are My Rights as a Passenger if I'm Injured in a California Car Accident?

Car accidents are a common occurrence on California’s busy roads and highways, particularly here in Los Angeles County. In 2021, California reported approximately 4,161 motor vehicle-related deaths, according to data provided by Statista.com. That figure represents a slight increase from 2020.

What are My Rights as a Passenger if I’m Injured in a California Car Accident?

Nationally, traffic fatalities reportedly hit a 61-year high in 2021, according to data compiled by the National Highway Traffic Safety Administration (NHTSA). The NHTSA projects that an estimated 42,915 people died in motor vehicle traffic crashes in 2021, a 10.5% increase from the 38,824 fatalities recorded in 2020.

In the United States, your lifetime odds of dying in a motor vehicle accident is roughly 1 in 101, according to Statista. Car accident fatalities represent veritable tragedies, but the odds of being injured in a motor vehicle collision are actually significantly higher.

Roughly 3 million people are injured in the U.S. every year as a result of car accidents. In addition, around 2 million drivers reportedly experience permanent injuries annually in the U.S.

Let’s look at what you should do if you’ve been injured as a passenger in a car accident. In the sections below, we will review what your rights entail when you’ve suffered an injury as a passenger in a car accident due to negligence, look at what types of damages may be recovered through a civil lawsuit, and discuss how to arrange for a free and no obligation consultation with an experienced personal injury lawyer from Dordulian Law Group.

Do I Have the Right to Financial Compensation if I’ve Been Injured as a Passenger in a Car Accident?

In California, the law ensures that passengers who are injured in car accidents caused by negligence may recover financial compensation for various types of damages. The best way to go about obtaining maximum financial compensation for any losses you’ve endured as a passenger in a car accident is by filing a personal injury civil lawsuit.

But determining fault, as well as who you should file your claim with, can be a daunting task without the assistance of a skilled car accident lawyer.

After a car accident injury, you may be experiencing a great deal of pain and suffering, as well as the stress of mounting medical bills, lost wages, and more. Having a proven car accident lawyer from Dordulian Law Group (DLG) fighting in your corner can help ensure that your rights are protected, the at-fault party is notified of your claim and pursuit of justice, and the maximum financial compensation you deserve and require to make a complete recovery – physically, emotionally, and financially – is aggressively sought.

Who is Liable for My Car Accident Injury if I Was a Passenger?

Who is Liable for My Car Accident Injury if I Was a Passenger?

Determining the at-fault party responsible for your car accident passenger injury will require a thorough review of the facts of your case. If the driver of the vehicle you were riding in was liable, it may be best to file a claim against his or her insurance company. If a third-party driver was at fault in the crash which caused your passenger injury, filing a claim against his or her insurance company may be the best course of action.

Moreover, it should be noted that, depending on the circumstances of your case, you may be able to file a claim against the at-fault driver directly, or against your own insurance policy. These options may be in addition to filing a claim against the at-fault party’s insurance company.

The best way to determine who is liable for your car accident injury as a passenger is by sitting down for a free consultation with a dedicated attorney from DLG. We’ll review the facts of your case, discuss all available legal options, thoroughly explain your rights as a passenger, provide an estimate for how long your claim may take to settle, and offer an estimate of how much your case may be worth.

What Factors Can Impact My Car Accident Injury Claim as a Passenger?

If you were injured in a car accident as a passenger and the crash was due to another person’s negligence – whether that individual was the driver of your vehicle, the driver of another vehicle, or even a pedestrian – you likely have a right to recover financial compensation for damages.

However, there are some scenarios that may impact a car accident injury claim filed on behalf of a passenger. Some of those scenarios include:

  • You were not wearing your seatbelt at the time of the crash.
  • You were riding in a vehicle and you knew the driver was intoxicated at the time of the crash.
  • You entered a vehicle knowing that it was unsafe to drive.

But while those are some examples of scenarios that may impact your claim as a passenger injured in a car accident, you should still consult with an experienced personal injury lawyer to determine whether or not you are entitled to financial compensation. In many cases, although you may have done something that could be viewed as grounds for partial liability in the crash – meaning you hold some of the responsibility – you could still be able to recover financial compensation because California is a comparative fault state.

What Should I Do After Being Injured as a Passenger in a Car Accident?

After a car accident injury, regardless of whether you were the driver or passenger, it’s imperative that you undergo a thorough medical examination by a licensed physician. Receiving medical treatment after a car accident injury ensures that your health and well-being are attended to immediately. But it also ensures that you have proper documentation that can be critical to securing the maximum financial compensation you need to make a complete recovery.

In addition to receiving immediate medical treatment for your passenger car accident injury, it is recommended that, if possible, you attempt to complete the following steps:

  • Contact the police or your local law enforcement
  • File an official police report
  • Report the car accident to the California DMV
  • Gather contact information of all involved parties (take pictures of each individual’s driver’s license)
  • Gather vehicle information of all involved cars
  • Gather contact information of any witnesses
  • Take photos and videos of the accident scene
  • Take photos and videos of your injuries
  • Do not make a statement to the insurance company without an attorney present
  • Contact a skilled DLG car accident lawyer for a free consultation

For additional information related to DLG’s Top 10 Steps to Take After a Car Accident Injury, please visit our recent blog.

What Damages Can I Recover as a Passenger Injured in a Car Accident?

As a passenger injured in a California car accident, you may be entitled to substantial financial compensation by way of a civil lawsuit cash settlement. The specific damages you may be able to secure will depend largely on the facts related to your car accident injury case.

Damages are typically broken down into three categories: economic, non-economic, and punitive.

Common Passenger Car Accident Injury Economic Damages include:

  • Hospital and medical bills
  • Rehabilitation or physical therapy expenses
  • Lost wages
  • Lost earning capacity
  • Property loss/damage

Common Passenger Car Accident Injury Non-Economic Damages include:

  • Pain and suffering
  • Emotional trauma
  • Psychological harm
  • Reduced quality of life

Additionally, in applicable cases, DLG will fight to recover any available punitive damages on your behalf. Punitive damages are not capped in the state of California, but are typically only awarded in instances of serious negligence or disregard for human life on the part of the defendant.

Do I Need to Hire a Lawyer for a Passenger Car Accident Injury Claim?

Proving negligence in a California passenger car accident claim requires skill and experience in order to secure the maximum financial compensation you truly deserve. Fighting to recover hard to quantify damages such as pain and suffering or emotional trauma can be challenging, and that’s where DLG’s experienced car accident lawyers can help.

We have the proven results you need for peace of mind throughout every step of the passenger car accident injury claims process. We won’t settle for anything less than a maximum financial damages payout for your passenger car accident injury lawsuit.

Moreover, hiring a car accident lawyer to handle your injury claim can be in your overall best interest for a number of reasons. In fact, injured car accident victims who hire private attorneys often secure greater financial compensation for their claims.

For example, the Insurance Research Council (IRC) recently conducted a study which confirmed the following statistics in personal injury claims:

  • Settlements for injured claimants were 40% higher when they had secured private legal representation.
  • The average insurance payout was 3.5 times higher for injured victims who hired private attorneys (when compared to those representing themselves).
  • 85% of all money paid by insurance companies for bodily injuries is received by victims who have secured representation from a private personal injury attorney.

With DLG, your passenger car accident injury consultation is always free, confidential, and without any obligation. We’ll review the facts of your case and provide you with all available legal options to ensure your rights are protected and the maximum financial damages award you deserve is pursued. We serve passengers injured in car accidents throughout California as well as the United States.

Contact the Best Los Angeles, California, Car Accident Lawyers Today

DLG is a leading car accident and personal injury firm with more than 25 years of experience securing maximum financial compensation for our clients. We have helped injured passengers like you recover more than $100,000,000 in settlements and verdicts while maintaining a near-perfect 98% success record.

DLG was founded by former Deputy District Attorney for Los Angeles County, Sam Dordulian, who has an expansive amount of experience which includes more than 100 jury trial victories.

At DLG, our car accident injury lawyers are dedicated to fighting aggressively on your behalf to secure the maximum financial compensation you deserve. With our No Win/No Fee Guarantee, you never have to worry about up-front costs or out of pocket expenses. If we don’t recover financial compensation in the form of a cash settlement or verdict for your passenger car accident injury claim, you don’t pay a penny. Either we win or you don’t pay – it’s that simple.

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert car accident attorneys.

If you’ve suffered an injury due to negligence in a California car accident as a passenger, you owe it to yourself to pursue the greatest possible financial compensation available. Contact a member of our team today 24/7 via 818-322-4056. We’re here to answer any questions you have, to support you through the entire legal process, and to fight aggressively on your behalf to ensure justice is served.

Forbes Report: Facebook’s Meta Failed to Protect Instagram Child Models From Pedophiles

Forbes Report: Facebook's Meta Failed to Protect Instagram Child Models From Pedophiles

An exclusive investigative report published by Forbes details systemic failures on the part of Meta, the company formerly known as Facebook, to protect child models on Instagram from pedophiles.

Meta failed to protect Instagram’s child models from pedophiles

The Forbes report notes:

  • A photographer accused of selling photos to pedophiles was allowed to use Instagram for several months despite being arrested.
  • Forbes alerted Meta to “more than a dozen” accounts with over half a million followers that were “sexualizing child and teenage models,” but little action was taken on the part of the social media giant.

The report from Forbes includes accounts of multiple minors seeking to pursue modeling ambitions who were contacted by a man named Grant Durtschi. Durtschi, a 48-year-old who had made a “career out of photographing kids,” according to Forbes, would often pay the parent or even the child a substantial sum of money – up to $1,000 per shoot – before selling those photos to “unknown buyers.”

Said anonymous buyers were often known pedophiles, the Forbes’ report claims.

The father of a 13-year-old girl featured in the report told the FBI that Durtschi had “openly admitted to selling his photos to pedophiles” in chats with his teenage daughter via the messaging app Telegram.

After the teenager’s father contacted federal investigators, Forbes confirmed:

“The Louisiana Bureau of Investigation received a batch of Durtschi’s photos of Jane [identify changed by Forbes] in various poses wearing a G-string bikini on a bed, according to a search warrant application for Google Drive accounts linked to the investigation. Some images were of Jane in sexually suggestive positions and some photos were intimate, the warrant read. After interviewing Sarah, federal agents said that during Jane’s final shoot in October 2020 in Texas that Jane complained she was uncomfortable with how Durtschi was getting ‘handsy.’ Jane would later tell police the photographer touched her backside and undid her swimsuit.”

Child Photographer Grant Durtschi Reportedly Used Instagram to Sell Photos of Minors to Pedophiles

Forbes reported that Durtschi would typically utilize two separate Instagram accounts. Police analysis of financial records indicate that “customers” would contact Durtschi via Instagram and pay for photos of teenagers and children through PayPal. The analysis of Durtschi’s PayPal account revealed:

  • Over 70 male clients had paid between $100 and $1,100 for sexually suggestive images of children.
  • The FBI confirmed that several of those men were either convicted sex offenders or had other related convictions in their criminal history.
  • One of the men, according to the FBI, had previously been arrested for kidnapping.

Although both of Durtschi’s primary accounts have been confirmed as removed from Meta’s popular social media platform, his arrest as well as alerts issued directly to the company failed to impact his Instagram presence, according to Forbes.

Durtschi was arrested in March on charges of sexual exploitation of children. He pleaded not guilty in April. However, after being arrested and charged, Durtschi was able to continue to use Instagram to share images of minors “for months,” according to Forbes. Furthermore, in conducting a simple search for Durtschi’s two deleted Instagram accounts, Forbes found:

  • One account referencing his business name had nearly 90,000 followers and was regularly posting images of teenagers and possibly younger children wearing swimming attire.
  • Comments under the photos “were sexual in nature,” whether explicitly or with sexualized emojis.
  • Earlier in 2022, another Instagram user reported the account as belonging to Durthschi and claimed the photographer was selling images of children to pedophiles.

Forbes reportedly alerted Meta to the account that same week, and it was removed.

However, despite Forbes alerting Meta to Durtschi’s troubling account, another profile referencing his photography company remained online. Furthermore, Forbes reported that the FBI confirmed the Instagram account in question “had previously been shut down,” indicating that Meta had actually allowed the accused sex offender to reinstate his profile. Said profile continued to post photos and videos of minors, Forbes confirmed.

The account linked to Durtschi, which was publicly available, reportedly indicated it was “rebuilding for the third time” a month after the photographer was arrested. That account contained a reel of a “child model being photographed by a gray-haired male,” according to Forbes.

The same model’s Instagram image had been shared on Durtschi’s page with an estimated 90,000 followers before it was officially closed, according to Forbes. The last account linked to Durtschi was finally removed after Forbes notified Meta of its existence.

As Forbes notes in the report:

“The case not only highlights a troubling corner of Instagram that acts as a marketplace for sexualized images of children, it also shows how easily those who exploit young people can elude banishment and return again and again, even after they’re arrested and charged. Despite years of criticism for how it fails to protect children, most recently via the leaks of former employee Frances Haugen, Meta, with $118 billion in 2021 revenue, relies a great deal on unpaid Instagram users and journalists to identify wrongdoers, and has a tough time keeping them off the platform or disposing of what they might leave behind.”

Meta Claims Zero Tolerance for Child Exploitation

According to a Meta spokesperson who communicated with Forbes for the report, the social media giant has no tolerance for child exploitation and will remove accounts that “share such content.”

“We’ve always removed content that explicitly sexualizes children, and last year we updated our policies to help us remove more subtle types of sexualization, including where accounts share images of children alongside inappropriate commentary about their appearance,” a Meta spokesperson told Forbes. “We know there may be those who try and get around our systems, which is why we’re always working to make sure we stay one step ahead.”

The spokesperson reportedly referenced Meta’s policy outlawing any content sexualizing children. The company doesn’t allow children in “sexualized costume” or in a “staged environment (for example, on a bed) or professionally shot (quality/focus/angles),” Forbes reported.

Forbes Report Identifies Over a Dozen Instagram Accounts Sexualizing Children

Through a basic search conducted during its investigation, Forbes discovered over a dozen Instagram accounts posting content similar to that which was found on Durtschi’s various accounts. Those sexualized accounts featuring children were reportedly visited by Instagram users who “let it be known that they found the minors to be sexually attractive,” according to Forbes.

The Forbes’ investigation also found:

  • One Instagram profile with photos and videos of minors in swimwear consistently posted.
  • That specific account, with 2,167 followers, included a request for “no creeps please.”
  • Another Instagram account with similar child swimwear-based content had 43,000 followers.

But those “were just the public groups,” as Forbes noted. The magazine discovered problematic private accounts, one of which had nearly 400,000 followers promising “photos of teenagers in swimwear.”

Combined with Durtschi’s pages, the Instagram accounts identified by Forbes containing sexualized images of children and teenagers had a total of more than 500,000 followers.

Forbes alerted Meta to 15 potentially exploitative accounts, and Instagram closed 11 at the time of the report’s publication on June 25. Later, Forbes confirmed Instagram had announced new safety features through a partnership with a company called Yoti that attempts to:

  • Verify users’ ages
  • Scan faces to estimate the approximate age of a subject

Canadian Charitable Organization Calls for Meta to Improve Safety for Children

Forbes reported that the Canadian Centre for Child Protection, a registered charitable organization dedicated to the personal safety of all children, was “incensed” by the magazine’s findings.

Lianna McDonald, executive director for the Canadian charity, called for Meta to increase its content moderation while also appealing to governments to introduce new legislation that would force such social media giants to take more action on “not just criminal content, but also content that is harmful and abusive to children,” Forbes reported.

“In our experience, the publication of sexualized child modeling imagery – often images that don’t rise to the level of being unambiguously illegal – are frequently used as promotional conduits to signal the availability of child sexual abuse imagery on other channels,” McDonald told Forbes.

McDonald referred to the specific tactic as “breadcrumbing.”

She also noted to Forbes that images of one of the victims referenced in a search warrant provided by the magazine was promoted on dark web child sexual abuse forums. On such platforms, the images “are being used in more sexually abusive and explicit ways,” McDonald said.

According to Forbes, the Canadian Centre for Child Protection continues to find Instagram accounts that either promote child sexual abuse or sexualize children. In a single month, the charity reported nearly 150 such troubling accounts to Instagram. Of those reported, 40 accounts currently remain online, according to McDonald.

California Assembly Bill 2408 May Allow Parents to Sue Social Media Companies

In May, the California State Assembly passed a bill which could allow parents to sue social media companies for “making their platforms addictive to children.”

Assembly Bill 2408 (AB 2408) defines “addiction” as when a child under 18 is emotionally, mentally, physically, developmentally, or materially harmed by their social media use and are unable to stop using it despite wanting to.

The bill must go to the California State Senate to be heard and negotiated by lawmakers. If it passes, it will allow parents of children under the age of 18 to file claims for up to $25,000 per violation against social media companies such as Facebook, Instagram, Snapchat, and TikTok.

While the bill does not directly address how social media companies like Instagram may be held liable for claims related to child sexual exploitation, it could open avenues for such civil lawsuits to be successfully brought in the future.

Contact a Child Sexual Abuse Lawyer for a Free Consultation

If you have a sexual abuse claim, the team of experienced attorneys at Dordulian Law Group (DLG) is here to pursue justice on your behalf via a civil lawsuit seeking maximum financial compensation. DLG’s sexual abuse lawyers are here to fight aggressively on your behalf to ensure justice is served.

We’re available 24/7 to answer any questions you may have regarding filing a childhood sexual abuse claim, including whether you may be able to remain anonymous throughout the litigation process, how long it may take for your case to reach a successful resolution, how much your case could potentially be worth, and more.

Child sexual abuse claims are currently not subject to the standard statute of limitations under California AB 218, meaning that any survivor may file a lawsuit seeking financial compensation, regardless of how long ago the crime occurred. However, AB 218’s three-year lookback window expires on January 1, 2023. Accordingly, survivors must file claims before the deadline to ensure their opportunity at justice is not hindered.

DLG’s sexual abuse lawyers are always available for free, confidential, and no obligation consultations via 818-322-4056. Contact us today to learn about how a childhood sexual abuse lawsuit under AB 218 can help you get the justice you deserve – even decades after the crime was committed.

3 Dead, 2 Injured After Amtrak Train Collides at Brentwood Intersection

2 Amtrak Passenger Train Crashes Occur in as Many Days; Multiple Injuries/Fatalities Reported

Two separate Amtrak passenger train crashes occurred in recent days, causing multiple deaths and injuries. Both Amtrak train accidents had a California connection, with the crash occurring on Sunday taking place in the East Bay community of Brentwood, and Monday’s derailment in Missouri originating from Los Angeles.

2 Amtrak Passenger Train Crashes Occur in as Many Days; Multiple Injuries/Fatalities Reported

Amtrak Train Derails in Missouri Monday Injuring Over 150 and Killing at Least 4

An Amtrak passenger train crash occurred Monday at approximately 2 p.m. near Mendon, Missouri, multiple media outlets reported. The train, reportedly including eight cars and two locomotives, was traveling from Los Angeles to Chicago when it struck a dump truck that was “obstructing a public crossing.”

Some of the most up-to-date facts related to the Missouri Amtrak derailment include:

  • The Missouri State Highway Patrol indicated that three train passengers and the driver of the truck that struck the train are confirmed dead.
  • Law enforcement and Amtrak officials estimate at least 150 people were taken from the scene to 10 area hospitals.
  • The Amtrak train crash victims reportedly sustained injuries ranging from minor to serious.

Close to 20 local and state law enforcement agencies, ambulance services, fire departments, and medical helicopter services responded, according to Missouri State Highway Patrol spokesman Corporal Justin Dunn. The first emergency responders arrived within 20 minutes of receiving a 911 call, Dunn confirmed to local WLKY.

Passengers from Multiple States On Board When Missouri Amtrak Derailment Occurred

WLKY confirmed that some of the passengers on the Amtrak train from Los Angeles to Chicago included:

  • High school students from Pleasant Ridge High School in Easton, Kansas, who were headed to a Future Business Leaders of America conference in Chicago.
  • Two Boy Scout troops from Appleton, Wisconsin, who were returning from the Philmont Scout Ranch in New Mexico (16 Boy Scouts from Troops 73 and eight adult leaders were reportedly on board when the train derailed).
  • Members of a Greater Cincinnati church group, Our Lady of The Valley, who were returning from a mission in new Mexico.

A local school was reportedly turned into a triage center for victims with minor injuries, officials said.

Passengers Describe Monday’s Amtrak Derailment Scene

Robert Nightingale, a passenger in a sleeper car, said he was taking a nap when he the crash occurred.

“It all happened like slow motion. It started to rock and, and rock, and then flicker, and then it just all of a sudden – all this dust was through my window,” Nightingale, who is from Taos, New Mexico, told CNN.

Nightingale, who was not injured, also told CNN that he couldn’t make his way through the window, “which was blocked by dirt, so he grabbed his backpack and climbed into the hallway.” Then, according to CNN, he moved into a neighboring room where he found a way to climb out and onto the side of the train.

He said some people helped others reach the ground where he and others walked to the front of the train. He said the truck looked like it had big boulders in it, according to CNN.

“It hit something major to cause … every car to go off,” he said.

Sunday Amtrak Passenger Train Collides With Vehicle at Brentwood, California, Intersection

Monday’s Amtrak crash which occurred in rural Missouri was the second in as many days.

On Sunday, an Amtrak train was passing through an intersection without crossing gates in rural Brentwood, California, when it reportedly collided with a passenger vehicle, killing three people and causing major injuries to two others, officials confirmed.

The deadly train collision took place at the 3000 block of Orwood Road in Contra Costa County.

Amtrak said the crash on train 713 occurred at about 1 p.m. Pacific Time and that none of the 89 passengers or crew on board were injured.

All five of the victims were reportedly in the vehicle which was struck by the Amtrak passenger train. The two people who were seriously injured, an adult and a child, were airlifted to local hospitals, according to East Contra Costa County Fire Protection District Marshal Steve Aubert.

Aubert confirmed to CNN that Sunday’s crash wasn’t the first to have occurred at that same crossing.

“It’s in the rural part of our district, so it’s a lot more farmland out there,” he said.

“There are no crossing arms, there are no signals at that crossover, and it’s not the first accident that we’ve been to at that same spot. Trains are allowed to go up to 80 miles-per-hour along that stretch so it doesn’t take long for a train to catch up right at that crossing there.”

Following the two deadly train crashes, Amtrak released a statement noting that trespassing on railroad rights-of-way is the leading cause of rail-related deaths.

“These incidents can affect everyone involved – those who are injured or die and their families, our train crews, and our passengers,” the company said. “They also serve as critical reminders about the importance of obeying the law and of exercising extreme caution around railroad tracks and crossings.”

A Los Angeles Times report identified the three victims who died in Sunday’s crash through confirmation with the Contra Costa County coroner’s division:

  • 51-year-old Mercedes Regalado of Antioch
  • 41-year-old Julia Mondragon
  • 72-year-old Maria Nieves of Dixon

Personal Injury and Wrongful Death Lawsuits Expected After 2 Amtrak Train Crashes

Passengers from Multiple States On Board When Missouri Amtrak Derailment Occurred
The tragic Amtrak train crashes are expected to lead to multiple civil lawsuits from victims as well as surviving family members. Personal injury lawsuits may be brought in cases of negligence in an effort to help the victims recover financial compensation for damages such as:

  • Pain and suffering
  • Hospital or medical bills
  • Physical therapy or rehabilitation
  • Lost wages
  • Lost earning capacity
  • Emotional or psychological trauma
  • Loss of consortium

Similarly, wrongful death lawsuits are efforts to secure various types of damages that fall under three categories:

  • Economic
  • Non-economic
  • Punitive

Examples of economic damages that may be recoverable in wrongful death lawsuits include:

  • Funeral and burial expenses
  • Medical bills related to the accident that killed your loved one
  • The loss of benefits family members could have received from the decedent
  • The value of the decedent’s health insurance or pension
  • The loss of financial support the decedent would have provided during their lifetime
  • A reasonable value for the household services the decedent would have been able to provide

Examples of common non-economic damages that may be recoverable in wrongful death lawsuits include:

  • Loss of affection
  • Loss of protection
  • Loss of guidance and training
  • The loss of support and companionship
  • Loss of sexual relations
  • Loss of moral support

Punitive damages may be awarded under extreme circumstances of violence, oppression, malice, fraud, or wanton and wicked conduct on the part of a defendant.

Although these types of damages are rare, Dordulian Law Group’s experienced team of wrongful death lawyers pursues punitive damages in all eligible cases.

In California, wrongful death punitive damages are not capped, meaning the surviving family members may be eligible to recover substantial compensation in instances where wanton disregard for human life caused their loved one’s death.

Contact a Personal Injury or Wrongful Death Lawyer Today for a Free Consultation

Dordulian Law Group (DLG) has over 25 years of experience successfully representing personal injury victims and wrongful death beneficiaries and helping them recover the maximum financial compensation available.

We understand how traumatizing and overwhelming this type of accident can be, and handle each client’s case with empathy and compassion. We’re here to support you through the entire legal process while aggressively fighting to obtain justice for the harm you’ve endured.

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert car accident attorneys.

DLG believes all Californians should have access to the very best legal representation available, regardless of financial circumstances. That’s why we offer a No Win/No Fee Guarantee, ensuring clients pay nothing unless we win.

We’ve recovered over $100 million for injured victims, and will not settle for anything but the maximum damages award for your personal injury or wrongful death claim.

Contact us today at 818-322-4056 for a free and no obligation consultation regarding your Amtrak passenger train lawsuit. We’re here to answer any questions you have and help ensure you and your family are protected under the law.