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Three Things Your Should Know After A Public Transportation Accident

Punitive damages possible in truck crash case

A man who lost his wife in a truck crash involving a UPS driver is suing both the driver and the shipping company in court. The accident occurred when the man's wife was driving along a two-lane road and her car became disabled. She pulled over and when she was getting out to check the vehicle the UPS truck with two attached trailers rear-ended her vehicle, striking and killing the woman and injuring one of her children who was inside the car. 

The man says that the accident was caused by the driver's use of his cellphone just before the crash, which took his eyes off the road long enough to cause him to collide with the disabled vehicle. According to the lawsuit, UPS knew or should have known that the driver was a risk to public safety because of his history of safety violations and noncompliance with Federal Motor Carrier Safety Regulations. 

Commercial drivers, particularly those operating large vehicles such as trucks and trailers, are required to comply with strict federal standards designed to prevent things like distracted or drowsy driving which are common causes of truck accidents.. As a part of this, drivers must keep a detailed log of where they are each day and when they take breaks to ensure that they do not drive for too many consecutive hours.

After reviewing the man's pleading and the shipping company's response, a federal judge said that he would allow an action for punitive damages to go forward in the negligence claim against the shipping company.

Punitive damages are a remedy meant to compensate the victim for the immeasurable harm caused by negligent actions and also to serve as a punishment to the negligent party and a deterrent to future negligent action.

Source: Courthouse News Service, "UPS May Owe Punitive Damages for Fatal Crash," Rose Bouboushian, Sept. 5, 2013. 

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  • best lawyers | Best law firms | US news | 2016 Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.
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    Top rated lawyers AV | Av preeminent Martindale hubbell lawyer ratings Doug Easton has held the “AV Preeminent” Rating for over 30 years and Matt Easton received this prestigious distinction in 2015. The "AV Preeminent" rating is the highest possible rating for both legal ability and ethical standards, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.
    10 best 2015 client satisfaction | American institute of personal injury attorneys Doug and Matt Easton were each chosen as one of the “10 Best” Personal Injury Attorneys in Southern California for 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys — and Easton & Easton houses two of them.
    American board of trial advocate | Orange county chapter Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.
    The National trial lawyers | top 40 under 40 Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.
  • The best lawyers in America Doug Easton has been featured as one of The Best Lawyers in America each year since 2007. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.
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  • Attorney Cover Feature | Law firm of the month | 2015 Easton & Easton was featured in 2015 on the cover of Orange County Attorney Journal with an in-depth 5 page article about the Easton family’s success fighting for justice for their clients. Click here to read the article.
    Avvo Clients choice 2015 | Personal Injury Avvo Client’s Choice Award Avvo Client’s Choice Award (2015) — Based on client reviews and satisfaction, Matt Easton has received the Avvo Client’s Choice Award for 2015.
    W. Douglas Easton W. Douglas Easton Doug, the Managing Partner of Easton & Easton, has practiced law for more than 40 years and is chosen each year as one of the Best Lawyers in America and a Top 100 Trial Lawyer.
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