Sacramento Bus Accident Lawyer

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Bus Accident Attorneys in Sacramento, CA

According to the Motor Carrier Management Information System, there were 1,140 injuries and 23 fatalities as a result of bus accidents throughout the state of California in 2009.

Throughout the city of Sacramento and across the Golden State, there are several different types of buses used to transport people from one location to another. These buses are typically able to carry anywhere between 16 and 300 passengers, of course there may be some exceptions to this. Furthermore, due to the large size and frequent stops made by the typical bus, accidents may be caused by negligent drivers in the surrounding areas.

The attorneys at Arnold Law Firm Accident & Injury Attorneys are sympathetic towards all injured victims of bus accidents and believe that these victims may be entitled to compensation for any losses, damages, and injuries which may occur as a result. Our attorneys will seek the maximum compensation available, while operating on a contingency fee basis, so we will not charge you for our services unless a winning verdict or settlement has been ruled and you recover.

For more information, complete the Free Case Review form to the right, and take a look at our client testimonials to see what our clients have to say about us.

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What To Do If You Are in a Bus Accident

If you’ve been involved in a bus accident in Sacramento, your first priority should be your health and safety. However, it’s also essential to take the right steps to protect your legal rights and ensure you receive the compensation you deserve. Bus accidents can be overwhelming, and the aftermath can be complicated. This guide outlines the critical steps to take immediately after a bus accident and explains why consulting with an experienced Sacramento bus accident lawyer like Arnold Law Firm Accident & Injury Attorneys is essential to safeguarding your interests.

Immediate Steps to Take After a Bus Accident

  1. Seek Medical Attention
    Even if you don’t feel injured right away, it’s crucial to seek medical attention following a bus accident. Some injuries, such as whiplash or internal trauma, may not show symptoms immediately but can still be serious. Getting evaluated by a healthcare provider is vital to both your health and your legal case, as timely medical documentation can play a significant role in proving your injuries.
  2. Call the Authorities
    Always report the bus accident to local law enforcement. The police will create an official report that serves as an essential record for your insurance claims and any potential legal action. Ensure that you get a copy of the police report or at least the report number for your records.
  3. Document the Accident Scene
    If you’re able, take photographs or videos of the accident scene. Capture images of the bus, any damages, and the surrounding area. Documenting the scene can help establish liability and support your case in the future. Be sure to collect the contact information of everyone involved, including the bus driver, other passengers, and any witnesses.
  4. Collect Witness Information
    Witnesses can provide crucial insights into how the accident occurred. If there were any bystanders or other individuals who saw the event unfold, gather their contact details. Their statements can help strengthen your case by corroborating your version of events.
  5. Contact Arnold Law Firm Accident & Injury AttorneysBus accidents, especially those involving public transportation or multiple vehicles, can be complex. Consulting with an experienced Sacramento bus accident lawyer early on is vital to protecting your legal rights. Arnold Law Firm Accident & Injury Attorneys is here to guide you through the process, help you collect the necessary evidence, and ensure that all deadlines are met. Our team’s experience will be invaluable as we work to secure the compensation you deserve.

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Who is Liable in a Bus Accident?

Determining liability in a bus accident can be complex, as multiple parties may be responsible, depending on the circumstances. Whether you’re working with a Sacramento bus accident lawyer or navigating the claims process on your own, understanding who is at fault is crucial for securing the compensation you deserve. At Arnold Law Firm Accident & Injury Attorneys, we thoroughly investigate every aspect of your case to identify the responsible parties and ensure you receive the best possible outcome.

Parties That Can Be Liable in a Bus Accident

The Bus Driver

Bus drivers must operate their vehicles safely, and accidents often result from driver negligence, such as distracted driving, speeding, or impairment. If the bus driver is at fault, they may be personally liable, and the bus company could also share responsibility under the doctrine of “respondeat superior”. For example, if a rear-end bus collision occurs due to distracted driving, both the driver and the bus company may be liable.

The Bus Company

Bus companies can be held responsible for accidents caused by poor maintenance, inadequate training, or unsafe policies. A bus maintenance failure accident like brake or tire failure may be the result of a company’s failure to properly inspect or maintain their vehicles. Similarly, an overcrowded bus injury claim could indicate negligence on the part of the company.

Third-Party Drivers

Other drivers involved in the crash may also bear liability. In a multi-vehicle bus accident, for example, a third-party driver’s reckless or negligent behavior could make them responsible for damages.

Government Entities

When public transportation is involved, government agencies may be liable, especially if poor road conditions or defective buses caused the accident. However, pursuing a claim against the government is more complicated due to laws like sovereign immunity, which restricts how and when claims can be filed.

While bus accidents are less common than car crashes—31,161 bus-related accidents occurred in 2020 compared to over 4.7 million car accidents involving injury or property damage—it’s still essential to seek experienced legal representation in cases involving serious injury.

What Compensation Can You Recover After a Bus Accident?

If you’ve been injured in a bus accident in Sacramento, you may be entitled to a variety of compensation, depending on the extent of your injuries and the details of the crash. As a Sacramento bus accident lawyer, Arnold Law Firm Accident & Injury Attorneys is dedicated to helping victims understand the full range of compensation available and ensuring that you receive the maximum amount possible.

Economic Damages

Economic damages refer to tangible, out-of-pocket losses that can be easily quantified, including:

  1. Medical Expenses
    After a bus accident, you may face high medical bills for emergency care, surgeries, hospital stays, physical therapy, and ongoing treatments. Bus accident compensation includes reimbursement for both immediate and long-term medical costs, ensuring that your recovery doesn’t place an undue financial burden on you.
  2. Lost Wages
    If your injuries prevent you from working, you may be entitled to compensation for lost wages during your recovery period. If your injuries result in permanent disability or reduced earning capacity, you can also recover future lost wages. This is particularly important if your ability to work has been severely impacted, as it can help replace income that you would have earned had the accident not occurred.
  3. Property Damage
    Bus accidents often cause damage to personal property, such as phones, laptops, or clothing. Property damage compensation can cover the cost of replacing or repairing these items, ensuring that you are not financially responsible for losses stemming from the accident.

Non-Economic Damages

Non-economic damages address the more subjective aspects of a person’s suffering. These include:

  1. Pain and Suffering
    Injuries from a bus crash can result in significant pain and suffering, which is compensated through non-economic damages. This includes both physical pain and the emotional distress caused by the accident.
  2. Emotional Distress
    Many victims of bus accidents experience emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These emotional injuries can be just as debilitating as physical ones and are an important part of any bus accident lawsuit.
  3. Loss of Enjoyment of Life
    If your injuries prevent you from participating in activities you once enjoyed, such as spending time with family or enjoying hobbies, you may be entitled to compensation for loss of enjoyment of life. This recognizes the emotional toll and the reduction in the quality of life caused by your injuries.

Factors That Impact Compensation

The amount of compensation you can recover depends on several factors, including:

  • Severity of Injuries: The more severe your injuries, the higher the compensation likely to be.
  • Negligence: If the accident was caused by driver negligence in bus accidents or bus company negligence, the at-fault party will be held accountable, which can influence the amount of compensation.
  • Type of Bus: If the bus was operated by a private company or a government entity, this can affect the compensation available. Government entities may have stricter filing rules and lower liability limits, making it crucial to have experienced legal representation.

WE FIGHT FOR YOUR MAXIMUM INJURY COMPENSATION

Common Causes of Bus Accidents in Sacramento

Bus accidents can result from a range of factors, many of which are preventable. Understanding these causes is crucial when determining liability and ensuring you receive the proper bus accident compensation. Here are some common causes of bus crashes:

1. Driver Negligence

Bus drivers have a duty to ensure the safety of their passengers. Unfortunately, driver negligence is a leading cause of accidents. Fatigue, distraction, or driving under the influence can impair a driver’s ability to react quickly or operate the vehicle safely. When these factors lead to accidents, the bus driver or the company employing them may be held liable for passenger injury claims and other damages.

2. Poor Bus Maintenance

Inadequate bus maintenance is another significant factor. When buses are not regularly inspected or repaired, issues like brake failures, tire blowouts, or malfunctioning safety features can occur, often resulting in severe accidents. Bus company negligence in maintaining safe vehicles can be grounds for a bus accident lawsuit.

3. Poor Road Conditions

Hazardous road conditions, such as potholes, poorly marked lanes, and inclement weather, can make it difficult for buses to maintain control. Poor road conditions contribute to many bus accidents, especially in areas with heavy rain or icy roads, increasing the likelihood of multi-vehicle bus accidents or even a rear-end bus collision.

4. Third-Party Drivers

Other drivers on the road can also be responsible for causing bus crashes. Reckless or negligent driving, such as running a red light or making unsafe lane changes, can result in pedestrian bus accidents, commercial bus crashes, or collisions with other vehicles, leaving passengers injured.

How These Causes Affect Liability

The cause of a bus accident significantly impacts who is held liable. Proving negligence can be complex, especially when government liability in bus accidents or private bus companies are involved. Identifying the cause of the crash is critical to establishing fault and determining compensation.

Types of Buses

Individuals across the state of California elect to use public transportation each day as an inexpensive means to transport them from one location to another. Of course, there are also several other type of buses, however all of these buses are intended as a means of mass transportation.

Some different types of buses include:

  • Airport Buses
  • Armored Buses
  • Articulated Buses
  • Campaign Buses
  • Casino Tour Buses
  • Coach Buses
  • Double Decker Buses
  • Electric Buses
  • Guided Buses
  • Hybrid Electric Buses
  • Metro Transit Buses
  • Military Buses
  • Party Buses
  • Police Buses
  • Private Charter Buses
  • School Buses
  • Single-Decker Rigid Bus
  • Sleeper Buses
  • Tour Buses
  • Trolley Buses

As there are a many different forms of buses with similar intentions of transporting people from one location to another, it is likely that at some point these buses will become involved in a collision.

Types of Bus Collisions

Due to the nature of these buses needing to make frequent stops, along with their large size, bus collisions are not that uncommon.  These accidents may be caused by the bus driver, however often times the drivers of passenger vehicles fail to recognize the lack of maneuverability of which these buses possess.

  • Some types of bus collisions include:
  • Bicycle collisions
  • Blind spot accidents
  • Brake failure
  • Child-crossing accidents
  • Head-on collisions
  • Pedestrian accidents
  • Rollover Accidents
  • Side impact collisions
  • Speed related collisions
  • Sudden lane changes
  • Texting and driving accidents
  • Vehicles crossing into the bus lane

Resulting from these types of accidents, there may be several injuries to the passengers and those driving the passenger vehicles.

Types of Injuries Caused By Bus Accidents

There may be several different types of injuries caused by bus accidents. Injuries to the passengers are common due to the fact that most buses offer little protection other than the seatbelt; therefore if occupants are not wearing a seatbelt they may become injured. More so, injuries to those in the passenger vehicles are also common as the force generated from these types of collisions is generally great.

Some types of injuries include:

  • Broken bones
  • Dental injuries
  • Dislocated joints
  • Head injuries
  • Internal injuries
  • Lacerations
  • Loss of limb

Statistics show that California, Florida, and New York have the largest number of bus accidents each year. Therefore, our attorneys are here to protect you and fight for your justice during this time of need.

Bus Crash Statistics

In 2009, the Federal Motor Carrier Safety Administration conducted a study. This study found that the majority of bus accidents occurred in metropolitan areas, and nearly 1,000 people are injured annually in inner-city and cross-country accidents.

Some more interesting statistics on bus crashes include:

  • 13,395 bus accidents occurred in 2009
  • 15,399 people were injured in bus accidents in 2009
  • 17,207 people were injured in bus accidents in 2008
  • 19,000 people injured in bus accidents throughout 2002
  • 254 people were killed in bus accidents in 2009
  • 311 people were killed in bus accidents in 2008
  • California, New York, & Florida have the highest number of bus accidents in 2002
  • Municipal buses accounted for 37 percent of bus fatalities in 2002
  • School buses accounted for 39 percent of bus fatalities in 2002

Over the years, the number of bus accidents, injuries, and deaths has remained consistent. Thus, everyone in our community can do their part to reduce the amount of bus accidents each year by practicing defensive driving habits along with abiding by all traffic laws.

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How Much Compensation Can You Get From a Bus Accident?

The amount of compensation you can receive from a bus accident depends on various factors, including the severity of your injuries, the circumstances surrounding the crash, and the parties responsible for the incident. While it’s difficult to pinpoint an exact amount without reviewing the specifics of your case, compensation typically covers several key aspects of your recovery, such as medical expenses, lost wages, pain and suffering, and property damage.

Factors That Affect Compensation

  1. Medical Expenses
    One of the most significant factors in determining your bus accident compensation is the cost of your medical care. If you’ve sustained serious injuries, the total amount of compensation will likely be higher to cover ongoing medical expenses, including surgeries, physical therapy, hospital stays, and future care needs.
  2. Pain and Suffering
    Compensation for pain and suffering can vary greatly based on the severity of your injuries. More severe or permanent injuries, such as those caused by a fatal bus accident or bus maintenance failure accident, often result in higher settlements. Non-economic damages, like emotional distress and loss of enjoyment of life, are also considered when calculating this component of your settlement.
  3. Lost Wages and Diminished Earning Capacity
    If you cannot work because of your injuries or if your ability to earn a living is permanently affected, your bus accident settlement may include compensation for lost wages or diminished earning capacity. This is particularly important if your recovery period is long or if the injury leads to long-term disability.
  4. Property Damage
    If your personal property, such as your car, phone, or belongings, was damaged during the public transportation accident, you may be entitled to compensation for repairs or replacement costs. This can add up quickly, particularly in cases of multi-vehicle bus accidents or commercial bus crashes where multiple vehicles are involved.

The amount of compensation you ultimately receive depends on the details of your accident, including whether it was caused by driver negligence in bus accidents, poor road conditions, or bus company negligence. To ensure you receive the maximum compensation, it’s crucial to consult with a skilled Sacramento bus accident attorney early in the process. Arnold Law Firm Accident & Injury Attorneys is committed to securing the best possible outcome for our clients. For more information, visit our personal injury page or schedule a free consultation today.

Can You Claim Whiplash From a Bus Crash?

Whiplash is a common injury in bus accidents, particularly in situations involving rear-end bus collisions or sudden stops. The forceful jolt from the impact can cause the head and neck to snap back and forth, leading to neck pain, stiffness, and even more severe symptoms like headaches and dizziness. This injury can result in long-term discomfort and affect your daily activities, making it crucial to seek medical care promptly following a crash.

The Importance of Medical Documentation

To secure bus accident compensation for whiplash, it’s essential to have proper medical documentation that accurately reflects the extent of your injuries. This includes medical records, treatment plans, and expert opinions on how the injury impacts your quality of life. A skilled Sacramento bus accident lawyer can help you gather the necessary documentation and build a strong case, ensuring that you receive the compensation you deserve.

How To Choose a Bus Accident Lawyer

Selecting the right Sacramento bus accident lawyer is crucial for getting the compensation you deserve. Here are key factors to consider:

1. Experience in Bus Accident Cases: Choose a lawyer with specific experience in bus accident claims. Bus company negligence, government liability, and complex regulations make these cases unique. An experienced attorney can navigate these challenges and fight for the best bus accident settlement.

2. Knowledge of Regulations: Bus accidents often involve both local and federal laws. A lawyer familiar with public transportation accidents and public transit injury lawsuits will know how to handle the complexities of your case and secure bus accident compensation.

3. Proven Success: Look for a lawyer with a track record of securing successful settlements or verdicts. At Arnold Law Firm Accident & Injury Attorneys, we’ve helped clients win significant bus injury claims and work tirelessly to maximize compensation.

4. Personalized Representation: At Arnold Law Firm Accident & Injury Attorneys, we tailor our approach to each client. Our Sacramento bus accident attorneys provide compassionate, hands-on support to ensure your case is handled with care and expertise.

Our Sacramento bus accident attorneys here at Arnold Law Firm Accident & Injury Attorneys have extensive experience investigating bus accidents. We work with accident reconstruction experts to determine the cause of the crash, establish liability, and build a strong case for our clients. Whether your injury is due to driver negligence, poor bus maintenance, or another factor, we are here to provide the legal representation you need. For a free consultation, visit Arnold Law Firm Accident & Injury Attorneys. Contact us today for a free consultation. Let us help you navigate the legal process and fight for the compensation you deserve.

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Why Should I Hire a Bus Accident Lawyer in Sacramento, CA?

Hiring a Sacramento bus accident lawyer can make a critical difference in securing fair compensation after an accident. Bus accident cases often involve complex liability issues, with multiple parties potentially responsible, including bus operators, maintenance providers, and other drivers.

Here are key reasons why hiring a bus accident lawyer after a crash is essential:

  • Complex Liability: Multiple parties may be liable, including the bus company, driver, maintenance crew, or other drivers involved. A lawyer can identify responsible parties and pursue claims effectively.
  • Understanding of Transportation Laws: A skilled attorney understands the specific regulations governing public and commercial transportation, which can impact your case and compensation options.
  • Evidence Collection: Lawyers have resources to gather critical evidence, including accident reports, witness statements, and, when necessary, expert analyses.
  • Dealing with Insurance Companies: Insurance companies often try to minimize payouts. A lawyer advocates for your rights, negotiating with insurers to seek fair compensation.
  • Calculating Full Damages: Attorneys ensure all potential damages—such as medical expenses, lost income, and pain and suffering—are accurately calculated and included in your claim.
  • Litigation Support: If negotiations don’t lead to a fair settlement, a lawyer can take the case to court and provide strong representation to pursue maximum compensation.

Hiring a bus accident lawyer helps you navigate the legal process with confidence, knowing your rights and interests are protected. The experienced legal team at Arnold Law Firm Accident & Injury Attorneys understands the intricacies of California’s transportation laws and has a proven track record of advocating for accident victims in Sacramento. We handle the legal complexities on your behalf, working to gather evidence, communicate with insurers, and pursue compensation for your medical expenses, lost wages, and pain and suffering. Trust our Sacramento bus accident lawyers to fight for your rights and guide you through each step of the legal process.

Need Help? Contact Our Sacramento Bus Accident Attorneys

At Arnold Law Firm Accident & Injury Attorneys, our Sacramento bus accident attorneys believe that if you or a loved one has been injured in a bus accident, the victim may be eligible to receive compensation for their losses and damages. Our attorneys understand what it takes to develop a robust bus accident case and have the knowledge and dedication to obtain the maximum compensation benefits available for your injuries.

For more information about our law firm, or if you believe you have a case, we welcome you to contact us at (916) 777-7777 today to discuss your claim with our team of legal professionals.

LATEST NEWS

Treble Damages in California Trucking Cases

California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the

California Trucking Accidents: Standards of Care

California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the

Punitive Damages in California Personal Injury Cases

What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,

Settlement - $3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.

During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.

Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.

Settlement - $8,000,000

Truck Accident

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.

As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.

A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.

At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.

Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.

The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.

Verdict - $10,200,000

Motorcycle Accident

The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.

The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.

The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.

Settlement - $17,000,000

Data Breach

Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.

The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.

In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.

History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.

Settlement - $18,276,000

Qui Tam / Whistleblower

Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ

The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.

The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.

For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).

Settlement - $60,000,000

Data Breach

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.

The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.

In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.

History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.