San Antonio Fatality Raises the Question – What Liability Issues Do Sinkholes Create?

A deadly sinkhole in San Antonio swallowed two cars on December 4. One driver was rescued by passing motorists, but rushing water quickly poured into the other vehicle killing the trapped driver. By the time emergency crews arrived the car was completely submerged and filled with gravel and other debris. The fire department brought in a 100-ton crane to help lift the vehicles out as the fought against the rains that caused flash flood warnings and sewage oozing from the hole in the broken pipe. Every time a train went by, the rumbling caused pieces of earth to fall in.

It is not yet clear what caused the sinkhole to open, but reports state that although rainy weather precipitated the collapse, the collapse was likely caused when a large sewer line ruptured. According to officials, the 12-foot sinkhole opened up near a connection between a pipe that was replaced a year ago and pipe that is decades old. The city has been engaged in an “aggressive, vigorous, replacement program” for aging sewer pipes in the area, according to San Antonio Mayor Ivy Taylor. Crews have installed fencing around the hole and barricaded the road in preparation for repairing the crater.

Can the family of the deceased or the injured victim sue over this sinkhole or was it simply a freak accident?

Victims can potentially file lawsuits against city if the aging sewer pipes are to blame. But, isn’t easy to take on a government entity. Sovereign immunity limits the government’s liability in some cases, but there are exceptions, which vary from state to state, such as:

• The road became dangerous because of a change in physical conditions.
• The government agency knew of the dangerous conditions and had reasonable time to obtain funding and make repairs/improvements.
• Dangerous or misplaced road construction markers and barricades.
• Dangerous curves and defective guard rails.

Such claims can be very complex and require the assistance of an experienced attorney who can make sure the victims achieve the highest compensation possible for their loss. In the meantime, the challenge facing the plaintiffs is that the lawsuits could take months, even years to be resolved. They will not receive any compensation until they either reach an out-of-court settlement or win the case in court. Even if they win the case in court, appeals can further drag out the recovery. If the plaintiffs need financial support, Lawsuit Financial may be able to help.

Rather than struggling financially during an already difficult time, we can offer a non-recourse cash advance against the future proceeds of the lawsuits. This means repayment is made once a settlement is reached, but if the case is lost or dismissed, the plaintiffs keep the lawsuit case advance and owe us nothing. With this immediate funding source, known as lawsuit funding, the plaintiffs to take care of financial obligations while giving their attorney the time needed to seek appropriate justice.

To receive a lawsuit funding cash advance, a plaintiff begins by completing a one-page application. Unlike a bank loan, there is no need for a credit check, employment verification or monthly payments. Lawsuit Financial can make a funding decision and provide immediate cash in as little as 24 hours, provided we receive the necessary case documentation from the plaintiff’s attorney. For a free, no obligation consultation call us toll-free at 1-877-377-7848.

About Lawsuit Financial
Lawsuit Financial Corporation is a pro-justice lawsuit funding company that seeks to educate plaintiffs and attorneys about lawsuit funding. Our company is an attorney owned and operated full service legal finance company recognized by attorneys nationwide as a preferred choice for legal funding services. Mark Bello, CEO and General Counsel, is recognized as an expert in this field, both as an underwriter of these transactions and as an advocate for appropriate treatment of plaintiffs/clients in this industry and in litigation.

Lawsuit Funding Supports Cases When Government Entities Appeal

Poorly designed roadways, intersections, or means of controlling traffic, such as a traffic light can cause or contribute to an auto accident. When this happens, government entities can be held liable. The issue in any lawsuit is whether the government failed to fulfill its obligations of making sure a dangerous road is somewhat forgiving of driver error. Successful cases not only benefit the client, they directly force changes in dangerous road conditions that can save lives. Challenging the government is a daunting task that can take years, but demanding accountability is critical to obtaining justice.

On March 1, 2013, Thomas Guilmette, a scientist with Northrop Grumman, sustained massive injuries after his motorcycle collided with a SUV making a left turn at an intersection. Guilmette was transported to a nearby hospital where he died a short time later.

The investigation revealed that Guilmette was riding his motorcycle east on Summerland Avenue. The driver of the SUV had stopped at the stop sign northbound on Cabrillo Avenue at Summerland. Unable to see around the line of parked cars that blocked his view of oncoming traffic, the driver of the SUV slowly inched forward. Guilmette, who was traveling 30 to 35 mph and not speeding, according to witnesses, clipped the front end of the SUV.

Guilmette’s family filed a lawsuit alleging the city of Los Angeles had received complaints for years that the intersection was dangerous but did nothing to make it safer. The lawsuit alleged that the intersection was inherently flawed; drivers trying to turn left from Cabrillo onto Summerland were forced to pull into the intersection because of impaired visibility due to a hill and parked cars. The claim alleged that the crash could have been avoided if the city had followed through and made changes to the intersection that had been planned for more than a decade. After Guilmette’s death, a stop sign was added to make the intersection a four-way stop. Additionally, curb parking was restricted to improve visibility.

Following a two-week civil trial, a 12-member jury unanimously ruled that the city of Los Angeles was 95 percent responsibly and ordered to pay $23.7 million to the plaintiffs. The city plans to appeal.

An appeal could take up to a year-and-a-half to file. Until then, no payout will be made to the family. With an appeal, the plaintiff may face the legal process and waiting period all over again. There may be just one problem – the bills must be paid. Times like this, lawsuit funding can help.

When a government entity doesn’t do the right thing, Lawsuit Financial will continue to provide non-recourse cash advances to plaintiffs who are fighting without adequate resources to do so. Simple complete an online application and we will do the rest. There are no application fees, credit checks, employment verification or monthly payments. The only time we ever receive money is when the case has successfully settled and funds are dispersed. Because our funding is on a non-recourse basis, if there is no settlement, even on appeal, there is no repayment; the cash advance is waived in its entirety.

If you are a plaintiff experiencing financial hardship while waiting for resolution from your lawsuit or an appeal, a lawsuit cash advance may be your solution to avoiding financial implications. Call Lawsuit Financial toll free at 1-877-377-7848 for a free, no obligation consultation or complete our online funding application.