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Articles Posted in Sacramento Death and Dying lawyer

August 21, 2014 is a date that forever changed the lives of parents whose infant son died while at his daycare center.  This tragic wrongful death that occurred at a daycare does shed light on a practice that some parents and daycare providers practice that can have deadly results.  In Webster Grove, Missouri a 7 month old infant was found dead under a weighted blanket.

A weighted blanked  is a blanket that has items such as flax seed, beans, poly pellets or other items sewn between the fabric. Some blankets are a DIY home project while others are prescribed or obtained from medical equipment vendor.

For some adults or special needs individuals, a weighted blanket has been said to calm the anxious and distressed.  Some medical providers  have recommended such a blanket for adults who have medical conditions such as restless leg syndrome, narcolepsy, night terrors or sleep apnea. Some medical providers encourage the use of such a blanket with children.  In the case of children, it is usually because the child suffers from a sensory processing issues as do autistic children and others with special needs.

Fiery Fatal Crash in Natomas, Ca

On Tuesday August 18th there was a police pursuit that ended in one fatality. Prior to the event police and an air unit were called to investigate reports of a shooting in the 2600 block of Stonecreek Drive in Natomas, CA where a man was reported to have fired off shots from a riffle while in a dispute with neighbors. It was also reported that the suspect fled the scene by a vehicle that was driven by a female driver.

The police air unit located the vehicle west of the Garden Highway and instructed the drive to stop the vehicle with no success. The driver then proceeded to speed off causing the officers to lose sight of the vehicle only to catch up to the car near the 2000 block of Garden Highway to find the vehicle overturned and on fire. The driver was said to be traveling at high speeds and left the roadway hitting a tree.

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California residents leads the nation in hot tub ownership.  Knowing that, it is therefore no surprise that statistically Californian’s are also three times more likely to drown in a hot tub than residents of any other state.

Despite California being the leading owners of hot tubs a study prepared by Scripps Howard News service reviewed the mortality records from the years of 1999 to 2003 and found that states such as Wyoming and New Mexico had an unusually high reporting of death due to drownings.  In most of these hot tub fatalities, alcohol was involved.

While swimming pool drownings most often involve youths, hot tub drownings deaths are almost always among adult people between the ages of 5 and 64. Why are fatalities in hot tubs almost always associated with able-bodied adults?

Every year there are over 10,000 yearly deaths in California, mostly from motor vehicle accidents. There are more unintentional deaths from accidents in California than in any other state.  Nonetheless, the good news is that the number of unintentional deaths is decreasing by about 1.5 % per year since 2006.

Out of the approximately 10,000 deaths per year in California, some 329 in 2012 were fatalities suffered at work.  129 of these 329 Fatalities were caused by motor vehicle crashes involving other vehicles.

Contact with fixed objects or equipment killed 66 people in 2012.

A recent case in Sacramento involved a bicyclist traveling in an industrial area who was struck and killed by a truck at 5:15 AM on Florin Perkins Road. Newspapers and police immediately

opined that the bicyclist must be at fault because she was riding in the early morning and her bike should have had more reflectors. Such rushes to judgment are frequent. They are often also

inaccurate.

As a California  personal injury attorney, I often read publications and texts nationwide regarding different varieties of injury as well as different ways of dying.

I was struck today reading a brief from the National Safety Council, which broke down causes of fatalities by cause and by state.

Although California’s population is almost 50% larger than that of Texas, Texas’ fatality rate is much higher.

I’m Ed Smith, a Sacramento personal injury attorney since 1982. Many people over the years have asked me what a “personal injury” actually is.

Legally, a personal injury lawsuit is a suit filed in a court by someone who has been emotionally or physically injured by the act of another.

Some of the common types of personal injury are injuries arising from auto accidents, motorcycle accidents, pedestrian accidents and trucking accidents.

A study was done looking at two vehicle collisions that included a passenger car and a light truck, defined as a minivan, van, pickup truck or SUV). They looked at the likelihood of having a fatality, a hospitalization, and the hospitalization charges, looking at vehicle type to see if there was any difference between passenger vehicles and light trucks.

They used data from Minnesota’s Crash Outcome Data Evaluation System or CODES between the years 2004 and 2005. They looked specifically for crash data involving a car and a light truck; only police-reported accidents were used. They were curious about defining a model that predicted the rate of hospitalization depending on various variables. They also did a model of the likelihood of a fatality. In all models, they made a distinction between the two types of vehicles and controlled for factors like occupant, vehicle and crash characteristics. There were separate models for drivers and passengers.

In crashes between a car and a light truck, it turned out that the drivers of the light trucks were less likely to end up in the hospital with an odds ratio of 64 percent. They were less likely to be killed, with an odds ratio of 35 percent. Passengers of light trucks fared better as well with a likelihood of being hospitalized at an odds ratio of 66 percent and fatality with an odds ratio of 14 percent. Among those patients that were hospitalized, there were no differences in hospital costs between passenger car drivers and light truck drivers. There was a difference in hospital charges between light truck passengers who had 59 percent of the charges for hospitalized automobile passengers.ER

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