The family of Elvira Gomez has settled their Los Angeles wrongful death lawsuit against
Xerox Corporation for $5 million. Gomez, 63, was killed in a California traffic accident in April 2009. The driver of the vehicle that struck Gomez, Eduardo Delgado, was driving a Xerox motor vehicle at the time of the pedestrian accident. He also had a history of driving under the influence.
According to their Orange County, California wrongful death lawyer, Xerox allowed Delgado to continue driving even though he'd had two DUIs. The company never checked his driving record. Delgado continued to drive for the company even after his license was suspended for two years. (At the time of the pedestrian accident that killed Gomez, Delgado had yet to reapply for a new license.) At least one other Xerox employee has multiple DUI's. Now, Gomez's family is seeking to push for a state law that would require businesses with at least 10 employees that are authorized to drive to register these individuals in a DMV program that would issue notices if any of them are convicted for serious traffic violations.
Motor Vehicle Crashes
If your loved one was killed in a traffic crash that was caused by a driver who was operating his/her vehicle as part of the job, you may be able to pursue damages not just from the negligent motorist, but also from his/her employer. California law can hold employers accountable for wrongful acts performed by an employee while that person working. This includes making sure that an employee isn't suffering from any sleeping disorders,addictions, or other afflictions that could impede his/her driving abilities, as well as has the experience and training to operate the vehicles they've been designated to drive. For example, not everyone knows how to safely drive an 18-wheeler truck or a 15-passenger van. Some vehicles also require a motorist to have a commercial driver's license.
"It is the responsibility of employers who task employees with driving to make sure these individuals are safe drivers who have the skills and training so that they can be trusted on the road," said Howard Law, PC partner and Anaheim motor vehicle accident lawyer Vincent Howard.
In certain situations, the company employing the driver may try to get you to settle your Orange County, California personal injury or wrongful death case right away. This is not a good idea.
"Some companies actually have teams in place that are tasked with immediately contacting the injured party and/or their loved ones to try to pressure them into settling," said Orange County, California pedestrian accident attorney Vincent Howard. "Do NOT do this unless you talk to an experienced injury lawyer to find out what next steps you should take."
Once you settle you cannot ask for more money even if your injuries later prove worse than you thought and your medical expenses have grown beyond initial estimates.
More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers, California Injury Lawyers, December 15, 2011
NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers, December 13, 2011
To schedule your free case evaluation, contact Los Angeles car accident attorney Vincent Howard.