Killackey Law Offices, APCLos Angeles Brain Injury Attorney | Pasadena CA Truck Accident Lawyer | Alhambra DUI2026-06-01T17:36:06Zhttps://www.killackeylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1605462/2021/09/cropped-Killackey_SITEICON_512x512_SEPT21-32x32.jpg kkuehlcontentcustoms<![CDATA[Proving negligence during a wrongful death lawsuit]]>https://www.killackeylaw.com/?p=483962026-06-01T17:36:06Z2026-06-01T17:36:06Znegligence or wrongful acts to prevail in court.
Proof of illegal activity can be easier for people to obtain than proof of negligence, as there may be police or court records. Prospective plaintiffs need to understand what constitutes negligence to evaluate the strength of their legal case.
What do the courts view as negligence?
Negligence claims can fall into two main categories. The first involves the failure to do what is reasonably necessary for safety. It is negligent for a property owner to ignore safety hazards that could lead to people falling and getting hurt, for example.
The second type of negligence involves engaging in behavior that is reasonably likely to create a risk of property damage or injuries. Excessive speeding and racing on public roads are both illegal behaviors that people recognize as negligent because the behavior has a known association with increased collision risk.
Plaintiffs bringing negligence-based wrongful death lawsuits must show that a preponderance of the evidence, or more documentation than not, supports their claim that the other party was negligent. If another reasonable person could have identified behavior as unsafe or an omission as risky, then the survivors considering litigation may have the grounds necessary to pursue a negligence-based wrongful death lawsuit.
Reviewing what led to a tragedy with a skilled legal team can help survivors determine if actionable negligence was the underlying cause of their loss. Proof of negligence is a key component of many successful wrongful death lawsuits.]]> wreedcontentcustoms<![CDATA[Why does carrying kids make drivers more susceptible to crashes?]]>https://www.killackeylaw.com/?p=483952026-05-22T15:10:26Z2026-05-22T15:10:26Z“Children onboard” proclaims the bumper sticker of the car you just had a crash with. Clearly, the driver believed it was other drivers that were the danger to themself and their children. Yet it may well be them, not you, who caused the wreck.Having children in the car makes a person a less safe driver. While many drivers do take more care when carrying kids, a 2023 report found that “The estimated risk of causing a single-vehicle crash was 6.2 times higher among the full sample of adults, 7.2 times higher among female drivers, and 5.0 times higher among drivers 25–44 years old” when they had children onboard. While the report is specifically focused on fatalities, the underlying idea is clear: Children are a surprising driving hazard.
Children are another distraction for many drivers
People often forget how complex the activity of driving is. Driving safely requires the utmost focus, and that can be incredibly difficult to achieve with children on board.However hard a driver tries to ignore them, some kids are pretty much un-ignorable. Maybe it’s a strapped-in baby upping the noise level until mom finally looks over at them. Or perhaps it’s a bored teen, determined to convince their parents it’s simpler just to let them stay at home next time, than drag them to see distant relatives again. Even the perfectly behaved children can be a significant distraction, drawing you in as they recount their day or while they ask questions about things they spot along the roadside.It only takes one small moment of distraction to cause a crash that could potentially have lifelong consequences for several people. It’s important to remember this if you find yourself being wrongly blamed for a crash with a driver who had children on board.]]>On Behalf of Killackey Law Offices, APC<![CDATA[Do not follow another vehicle after an accident]]>https://www.killackeylaw.com/?p=483922026-05-11T17:44:33Z2026-05-11T17:44:33ZAnother driver runs a stop sign and strikes your vehicle. You get out of your car, expecting to exchange insurance information with the other driver, but they do not stay at the scene. They start to drive off, even though they were at fault in the accident.
In this situation, many people are tempted to follow the driver who is leaving the scene. But this is not something you should ever do, as it can be very dangerous. Below are some steps you should take instead.
Contact the authorities
First and foremost, get in touch with the police. Tell them what has happened, report the crash, and alert them to the fact that the other driver may be attempting to flee the scene. Let the authorities handle tracking down that vehicle, rather than trying to follow them yourself.
Contact medical services
Moreover, if anyone has been injured in the accident, medical care needs to come first. The police can still identify the at-fault driver in the future, but you may need critical medical care right away. This is another reason why reporting the incident to the authorities is crucial.
Provide identifying information
Rather than following the car, try to quickly gather any identifying information you can. Write down the license plate number in a note on your phone. Make a note of the make and model of the vehicle, along with its color or any other descriptors. Look for unique details, like bumper stickers. If someone else witnessed the accident, try to get their statement, as they may be able to provide more details that you missed.If you have been injured in an accident and another driver was at fault, you may deserve financial compensation, so be sure you know what legal steps to take to address any damages.
]]>On Behalf of Killackey Law Offices, APC<![CDATA[3 common injuries that can happen in an underride accident]]>https://www.killackeylaw.com/?p=483902026-05-07T09:34:16Z2026-05-07T09:34:16ZTraumatic brain injuries
Your head is particularly vulnerable in an underride crash, even when airbags deploy. Common injuries from these collisions include:
Concussions and diffuse axonal injuries caused by sudden deceleration
Brain contusions or hemorrhaging due to blunt force
Penetrating head wounds from glass, metal or debris
Skull fractures from direct contact with the truck's undercarriage
Cognitive and memory impairments
Because some symptoms may not appear for hours or even days after the crash, a head injury can delay your treatment and add complications to your future claim.
Traumatic amputation of extremities trapped in the wreckage
Severe soft tissue damage to muscles, tendons and ligaments
Many of these injuries require emergency surgery and extended hospitalization. Recovery and rehabilitation can take months or years, and some injuries may result in permanent disability.
Lacerations and facial wounds
A collapsing windshield and roof can expose your face directly to shattered glass, twisted metal and the truck's undercarriage. As such, you may sustain:
Deep lacerations and puncture wounds across the face and neck
Fractured jaw, cheekbone and orbital bones
Damage to the eyes, nose or mouth that may require reconstructive surgery
Beyond the physical harm, visible scarring and disfigurement carry a significant psychological toll. Many survivors of these injuries experience anxiety, depression or post-traumatic stress disorder related to changes in their appearance.
Deadlines and legal options for your claim
California gives you two years from the date of your injury to file a personal injury claim under the its statute of limitations. Missing it can prevent you from recovering compensation regardless of the circumstances of your accident.
Determining liability is another factor worth considering. Possible defendants may include the truck driver, the trucking company, the trailer manufacturer or a government entity responsible for road design and maintenance.
An attorney who is familiar with truck accident claims can help you evaluate your options and understand the legal process. They may also gather vital evidence for your case and speak to insurers while you focus on healing.
]]>On Behalf of Killackey Law Offices, APC<![CDATA[Older vehicles can make crashes particularly serious for seniors]]>https://www.killackeylaw.com/?p=483882026-04-24T21:37:19Z2026-04-24T21:37:19ZIf you’ve got an older loved one who isn’t ready to stop driving yet, you likely worry about them being on the road. That’s a reasonable concern, even if they’re physically and mentally able to drive safely and know their limits – like maybe not driving after dark and avoiding freeways.
A valid concern is that seniors are more likely to suffer serious injuries than younger people simply because their bodies are becoming more fragile with age. According to the Insurance Institute for Highway Safety (IIHS), drivers who are 75 and older are up to four times more likely to suffer fatal injuries in crashes than middle-aged drivers.
Lack of safety features
One reason cited by the IIHS is that many of these older drivers have vehicles many decades old that don’t have much of the safety technology that is standard in newer models. Some younger drivers have never been in or driven a car without these features, so they assume everyone has them, which in itself can be dangerous.Drivers in their mid-70s and older are more likely than younger ones to have vehicles without airbags, seat belt warning systems, rear-view cameras, blind spot monitoring, forward collision monitoring, automatic energy braking and more. While this technology isn’t a guarantee against crashes (and in fact can make drivers overly complacent), it can and does save lives.Further, if a senior rarely drives and even more rarely takes their car in for a checkup, the battery can die unexpectedly, which can lead to a crash – particularly if they’re on an incline and can’t reach the parking brake in time (or don’t know where it is).
Less protection for those in the vehicle
Newer model cars (especially smaller ones) can be more likely to suffer serious damage in a crash than the large, older ones some of us remember our parents or grandparents driving. However, they’re also designed to better protect those inside the vehicle.If your elderly loved one is injured in a crash, they may have catastrophic injuries. That’s why it’s crucial to help ensure that they aren’t blamed for something that wasn’t their fault simply because of their age – or that their car isn’t erroneously blamed. It’s also essential that they get the compensation they need to cover medical bills and other expenses (including perhaps a newer vehicle if they’re able to eventually get behind the wheel again). Having experienced legal guidance can make a big difference.
]]>On Behalf of Killackey Law Offices, APC<![CDATA[Failing to wear motorcycle helmets may affect crash compensation]]>https://www.killackeylaw.com/?p=483872026-04-06T11:03:37Z2026-04-06T11:03:37ZComparative fault rules apply
When more than one party is at fault for an incident that results in significant injuries or property damage losses, the courts may need to apply the state’s comparative fault rule to determine what compensation is appropriate. California's pure comparative fault system allows even those who are 99% at fault for their own injuries to hold others accountable for their 1% of fault.
Failing to wear a helmet can contribute to the overall severity of injuries and may result in a minor allocation of responsibility when filing a motorcycle crash lawsuit. The injured rider can still request compensation, although the courts reduce the final amount of money they receive based on the degree of fault they have for the incident.
Reviewing the cause of the motorcycle collision and the extent of the injuries it generated with a lawyer can help injured riders understand their options. A personal injury lawsuit might still be possible even if a rider’s lack of a helmet contributed to the severity of their injuries.]]>On Behalf of Killackey Law Offices, APC<![CDATA[Seeking justice when a stay-at-home parent dies]]>https://www.killackeylaw.com/?p=483862026-03-20T12:08:00Z2026-03-20T12:07:59ZThe law allows those harmed by others to file lawsuits seeking financial compensation. In cases where misconduct or negligence on the part of an individual or a business causes a death, the survivors left behind after the tragedy may also have the right to take legal action.
Wrongful death lawsuits can result in the courts declaring that one party was culpable for a recent loss. Successful lawsuits also lead to financial compensation for the economic impact of the tragedy. Frequently, wrongful death lawsuits involve claims for lost wages.What compensation can families seek in cases where the person who died was a stay-at-home parent, not a wage-earner?
Household labor is a valuable contribution
The services that a stay-at-home parent provides for the family are likely worthmore than $1,000 per week. The cost of child care alone can add up to hundreds of dollars weekly, especially when children are young or a family has multiple children.Additional services, such as home maintenance, cleaning, cooking, grocery shopping, schedule management and transportation, are also all valuable. If the family hired professionals to provide that same work, they could pay hundreds of dollars per week for those various services.Those left behind after a tragedy may need help identifying household services with economic value and then calculating the approximate value of a lifetime of those services. They can then include that figure in the damages sought in a wrongful death lawsuit.Reviewing the impact of a recent tragedy with a legal professional can help surviving family members determine if litigation may be an option. Awrongful death lawsuit can diminish the lasting economic impact caused by a tragedy.]]>On Behalf of Killackey Law Offices, APC<![CDATA[Can you file a claim if you contributed to an accident?]]>https://www.killackeylaw.com/?p=483852026-03-09T13:50:28Z2026-03-09T13:50:28ZMany people assume that contributing to an accident automatically disqualifies them from filing a car accident claim, but that’s not how the law works in California. If you were partially at fault for a crash, you could still be entitled to compensation for some of the damages you suffered.
California follows a legal rule called pure comparative negligence. In simple terms, this means you can still recover compensation even if you were partially responsible for the accident.
How this works
If multiple parties contributed to the crash, each party is assigned a percentage of fault based on their actions leading up to the accident. Your total compensation is then reduced by that percentage.For example, if your total damages equal $100,000 but you are found to be 25% at fault, you may still recover $75,000. The remaining 25% reflects your share of responsibility for the accident.
Why fault is often disputed
Insurance companies often try to shift more blame to minimize payouts. The more fault they assign you, the less they have to pay. They may argue that you were distracted, driving too fast or ignoring warning signs. If you don’t push back, such claims can considerably reduce the value of your claim. Remember, you have the right to challenge an unfair determination of fault. Presenting evidence in your support can help strengthen your position when disputing fault. This may include police reports, witness statements, surveillance footage and even statements from accident reconstruction experts, Shared-fault claims can get complicated, especially if the facts are disputed. You may end up with less than you deserve if you’re not careful. Seeking early professional legal guidance can help protect your interests and secure a fair settlement.]]>On Behalf of Killackey Law Offices, APC<![CDATA[Why semi-truck crash insurance claims are distinct]]>https://www.killackeylaw.com/?p=483842026-02-23T13:29:52Z2026-02-23T13:29:52ZInsurance requirements are vastly different
The size of the insurance policy is the primary difference between a commercial truck policy and a standard automotive policy. California requires $15,000 in property damage liability coverage. Drivers also need to carry $30,000 in bodily injury coverage if they injure one person or $60,000 in coverage for single events that injure two or more people.
The baseline requirements for commercial policies are more than 10 times higher than that. Semi-trucks and other commercial vehicles must adhere to federal requirements that mandate $750,000 or more in liability coverage. With a much larger loss possible, insurance professionals are much more likely to negotiate aggressively during a commercial vehicle collision claim.
The major injuries and significant property damage losses possible after a semi-truck crash are also easy for people to underestimate. Failing to consider the long-term implications of the situation can result in individuals accepting inadequate settlements that are far less than their total losses and the policy coverage available.
People seeking compensation after semi-truck collisions may need help as they review insurance information and prepare for negotiations. Acquiring legal guidance can help people involved in semi-truck collisions more fully cover their losses.]]>On Behalf of Killackey Law Offices, APC<![CDATA[Motorcyclists are at risk for left-turn accidents]]>https://www.killackeylaw.com/?p=483832026-02-06T09:27:08Z2026-02-06T09:27:08ZAs a motorcyclist, if you see a vehicle waiting to turn left ahead of you, approach with extreme caution. Drivers often make a mistake as they turn, cutting off an oncoming motorcycle. This is one of the most dangerous and common types of motorcycle accidents.For example, perhaps you are driving down a two-way road, and a driver in an approaching pickup truck needs to turn left to pull into their own driveway. You have the right of way, and they should wait for you to pass before they execute the turn. But if they turn in front of your bike, you may not have enough space to stop, and you will strike the side of the pickup truck at a high rate of speed.
Can you swerve around the other vehicle?
Often, swerving is not even really an option. You could swerve left into the lane the pickup truck vacated, but that would mean riding into oncoming traffic. That may cause a head-on collision with another vehicle that was behind the one waiting to turn. It is never advisable to swerve into oncoming lanes.But because the truck itself is turning in this example, you also cannot swerve right. Doing so puts you on the same trajectory as the other vehicle. As such, the only option motorcyclists often have is to hit the brakes, and there is not always enough space to avoid a crash with a negligent driver.If you do get involved in one of these motorcycle accidents and you suffer serious injuries, take the time to carefully look into all of your legal options.]]>