Four women who were walking along Pacific Coast Highway in Malibu lost their lives when a speeding driver lost control of his vehicle and crashed. The incident occurred in the 21600 block of Pacific Coast Highway east of the Malibu Pier, near La Costa Beach, at approximately 8:30pm. The area where the incident happened is allegedly known as “Dead Man’s Curve” to locals.
According to investigators, the black BMW was traveling westbound on PCH when the driver sideswiped at least three parked vehicles and crashed. Four women (pedestrians) died at the scene. Two other people were taken to a nearby hospital, although their condition was unknown.
The driver of the BMW was identified as 22-year-old Fraser Michael Bohm. He was taken into custody and expected to face charges for vehicular manslaughter. The authorities believe that speed was likely what caused the accident.
Video footage from the incident shows the damage that the parked vehicles sustained; one of these vehicles was even on its side. It is unclear which of the vehicles struck the pedestrians. The incident remains under investigation.
Unfortunately, pedestrians are not safe from reckless drivers even if they are following all rules of the road and staying on sidewalks. In fact, reckless drivers and dangerous road conditions both present a serious risk to pedestrians.
About the Victims
The four victims have been identified. Niamh Rolston, Peyton Steward, Asha Weir, and Deslyn Williams were all 20-year-old seniors at Pepperdine University. Allegedly, the seniors had parked their car down the road and were walking towards a house near the crash site on PCH when they were struck, although this is yet to be confirmed by authorities.
Locals Refer to the Area as “Dead Man’s Curve”
Apparently, incidents occur in the area often – so much that locals call this stretch of PCH “Dead Man’s Curve.” Allegedly, drivers do not slow down enough to take the curve, causing them to lose control of their vehicles and crash. Although drivers definitely have a duty to drive within the speed limit to maintain control of their vehicles and prevent incidents, the truth is that poor road design, defects, and even the lack of proper signs can contribute to these devastating incidents.
Can I Sue for the Wrongful Death of a Loved One in a Pedestrian Accident?
Yes – you could have the right to sue. If a pedestrian is killed because of the negligent actions of a driver, surviving family could certainly pursue a wrongful death claim against the driver and his or her insurance company. What if the incident was also caused by the dangerous road conditions? If an incident that results in death is caused by poor road conditions (which can include no posted speed limit sign, no posted signs indicating a curve, no speed bumps, etc.), then the entity that is in charge of roads could be liable and sued for negligence.
For more information about your right to sue, we recommend that you seek legal assistance with our legal team as soon as possible.
Can I Recover Compensation for a Pedestrian Accident Wrongful Death Claim?
Yes – you could be eligible to recover compensation if your claim is ultimately successful. The specific type and amount of compensation that you can recover will be based on the details of the case. Although every claim is different, claimants could recover some of the following categories of compensation:
- Medical costs incurred prior to the victim’s death
- Pain and suffering (for the victim’s suffering prior to death)
- Loss of support (for lost earnings and support caused by the death)
- Funeral and burial costs
- Loss of consortium (for the loss of relationship with the victim)
- Punitive damages (to punish the defendant)
- Legal fees (to cover all legal costs, including attorney fees, court costs, etc.)
What if the victim is found to be partially responsible for the incident? There are some cases in which the actions of the victim ultimately put them at risk and contributed to the accident. In a pedestrian accident, this can include the pedestrian entering the street without checking for traffic, running into the street, walking on the street instead of the sidewalk, etc. In these cases, the compensation awarded will be reduced based on comparative negligence. That is, if the victim is found to have been 25% negligent, then the total amount of compensation will be reduced by 25%.
For more information about the compensation that could be available for your claim, contact us today. Our lawyers are more than ready to provide you with the guidance that you need to understand the possible value of your claim. If you allow our pedestrian attorneys to handle your wrongful death claim, you can trust that our team will fight for your right to recover the maximum payout available for your claim.
What Should I Do?
After a fatal pedestrian accident, it is important that you gather all relevant records, including medical records, police reports, etc. You might be contacted by the driver’s insurance company, but you should avoid agreeing to anything. In fact, you should limit communication to written communication only. The most important thing that you should do is reach out to an experienced wrongful death lawyer. Here at our law firm, our team is ready to handle everything related to your case and help you reach a successful claim outcome.
How Long Do I Have to Sue?
All wrongful death claims are subject to a statute of limitations or a deadline to sue. In California, wrongful death claims are subject to a two-year statute of limitations. This means that you only have two years to file the claim. If you fail to file your claim on time, you could lose the right to sue entirely. Because of this, we recommend that you find a lawyer as quickly as possible to get the guidance that you need to file your claim on time.
Contact the Downtown L.A. Law Group Today
This Malibu incident was devastating to the community. Four young adults lost their lives because of the recklessness of a driver and, perhaps, because of the poor road conditions in the area. If you are interested in exploring the legal options available to you, contact us today. Our experts here at the Downtown L.A. Law Group have decades of experience handling pedestrian accident claims resulting in death. If you are ready to speak with our lawyers and explore the legal options available to you, contact us today.
We offer free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns. Whether you are looking to start or continue your pedestrian accident wrongful death claim, our lawyers can help you. To benefit from these free legal services, contact us today.
Our Zero-Fee Guaratnee ensures that our clients will never be required to pay upfront legal fees for our legal services. In addition, our firm works on contingency, so our clients will not be required to pay anything unless their claims are successful. If you do not win, you will not have to pay anything at all. If you are ready to speak with our lawyers, contact us today.
Injuries Caused by Unsafe Pool Chairs
Most pool chairs are very simple in design, as they’re usually made of canvas and a light metal or wooden frame. That’s why product makers have to invest extra time and attention in the manufacturing of these items. Failure to exercise caution can lead to accidents if the chair breaks or collapses while someone is in the seat. People can also be injured if there is a problem with the joints that allow the chair to fold and unfold. This is more of a problem with portable beach chairs, but even stationary cabana chairs have a chance of collapsing if there are issues with the material, hardware, or other aspects of the product.
Below is a list of the most common injuries you can sustain from a cabana or pool chair collapse:
Family Dollar Beach Chair Recall
- Cuts, bruises, and scratches
- Broken facial bones
- Dental damage, such as broken or lost teeth
- Fractured tailbone
- Joint dislocation
- Neck and back injuries
- Concussion and other forms of head trauma
- Tearing of soft tissues – ligaments, muscles, and tendons
- Permanent scars
- Hip or pelvic fracture
- Nerve damage
- Chronic pain in the arms and legs
On January 26, 2022, Family Dollar recalled around 38,300 beach loungers that were sold between January 2019 and September 2021. The product can be identified by a sewn-in label that reads “Distributed by Midwoods Brands LLC” on one side and “Outdoors by Design” on the other side.
These chairs are made from blue or red woven fabric and metal bars with joints that allow you to fold and transport the item. Unfortunately, the chairs are structurally unsound, which can cause them to collapse. Aside from cabana chair collapse accidents, people may get their fingers caught in the metal folding joints.
If you have been injured by one of these chairs, contact us immediately to learn about your rights. Family Dollar is offering a refund of the purchase price for the chair, but this is not sufficient remedy if you are dealing with medical bills, lost wages, and other monetary losses. We can help you explore your available legal options, including a product liability lawsuit against Family Dollar.
Average Value of a Defective Cabana Chair Injury Claim
Questions about case value come up at just about every consultation here at our law firm, and we empathize with the need to have a sense of what your lawsuit is worth. But coming up with an average case value is impossible, as each victim is left with different losses after a defective product incident. How badly you are injured is the most important factor, and claims involving serious injuries may be worth around $250,000 to $3,000,000 and above. If the damage you suffered from a collapsing beach chair accident is relatively minor, you may end up with $50,000 or less.
What is the Estimated Wait Time to Settle my Case?
It’s difficult to provide an answer to this question, as there are many factors that affect the total amount of time to settle a product accident injury claim. We aim to reach a settlement on behalf of clients within 6 months, but cases involving negligence by a product manufacturer are quite challenging to prove. As a result, these cases often take anywhere from 6 to 18 months from start to finish. The process may be longer if we need to take your case to trial, though this is rare, as most product manufacturers want to avoid court hearings, which are expensive and time-consuming.
Statute of Limitations for a Product Liability Case
Except in rare circumstances, lawsuits for a defective product must be filed within 2 years from the date of the accident. If you fail to meet this deadline, it’s unlikely that the courts will allow you to proceed with a broken pool chair injury case. You also have to keep in mind that it can take considerable time to prepare a lawsuit, especially if you have serious injuries with long-term complications. To ensure that you can receive justice as soon as possible, give us a call to initiate a claim with a product defect injury lawyer.
Contact DTLA Law Group
If you are in need of legal advice for a defective product injury claim, our lawyers are here for you 7 days a week, 24 hours a day. Our law firm is dedicated to the rights of accident victims, including those with pending accident claims against a product manufacturer. Along with free case evaluations, we offer second opinions to anyone that has questions or concerns about their case.
You won’t be charged up front if you decide to hire us after a free initial consultation or free second opinion. Our settlement demands include the cost of representing you, so we get paid at the same time you receive compensation from a defective swimming pool resting chair injury claim. And if we don’t win your case, our Zero Fee Guarantee means that you will never be responsible for any legal fees.
Our defective product accident lawyers are waiting to speak with you, so contact us right away to discuss your rights and legal options.