California Injury Lawyer Blog

A family of four was killed in a crash Saturday evening at Lakeville Highway and Highway 37, and several others were injured, authorities reported on Sunday. The driver of a Mini Cooper suspected of travelling between 70-90 mph collided with a Nissan Quest, killing its occupants. The four victims killed in the crash were identified Sunday as Jason Maloney, Susan Maloney, and children Grace and Aiden Maloney. All four died at the scene of the crash. The family was headed home from celebrating Thanksgiving in Maui, the Santa Rosa Press Democrat said. Firefighters from Lakeville, Wilmar, Novato and Petaluma all responded to the accident.

The multi-vehicle intersection crash involved a Mini Cooper, a 2004 Honda CR-V, a Nissan Quest, and a 2002 Mitsubishi Galant. The accident occurred at about 9:20 p.m., at Highway 37 and Lakeville Highway, near the border of Sonoma County and Marin County.

The Mini Cooper, driven by Steven Culbertson, 19, of Lakeport, was travelling south on Lakeville Highway and clipped the Honda CRV, which was also travelling south on Lakeville Highway. The driver and passenger of the Honda, from Petaluma and Stockton, were not seriously injured, the CHP reported.

Continue reading "Family of Four Killed in Lakeville Highway Crash " »

A 16-year-old San Jose High Academy student is in critical condition after colliding with another player during a Thanksgiving Day football game, a San Jose Unified School District spokeswoman said. Matthew Blea went down during the game after a legal helmet-to-helmet hit, got up, went to the sideline and collapsed. Paramedics took him to Santa Clara Valley Medical Center, where he underwent surgery. Blea suffered a traumatic brain injury.

This latest high school incident is only the latest of dozens of head injuries in football every single week, from games in youth football leagues to college to the National Football League (NFL). Head injuries cause major damage, and concussions are more than just a bump on the head. Damage from a head injury can last a lifetime. Even with better technology in helmets and rule adjustments, head injuries are still happening. Blea was wearing a Riddell "Revolution" helmet, arguably considered to be the best helmet for high school players.

More and more retired football players are now speaking up about the troubling affects of their injuries, while more and more current players are suffering concussions during games. Football leagues from high school leagues to the NFL are increasingly under scrutiny for the serious affects of these head injuries.

Congress even called a hearing on the subject of head injuries in football last month, in which NFL commissioner Roger Goodell was questioned about a link between multiple head injuries in NFL players with brain diseases and disorders such as Alzheimer's and dementia. Both Roger Goodell and NFL Players Association leader DeMaurice Smith agreed to turn over players' medical records to the House Judiciary Committee. Michigan Democrat John Conyers said he also wants information on head injuries from the NCAA and high schools. One man, Dick Benson, tearfully told the committee about his 17-year-old son's death from a head injury following helmet-to-helmet hit during a 2002 high school game. Benson said changes need to be made to reduce physical contact, especially helmet-to-helmet hits.

Continue reading "San Jose High School Football Player Critically Injured in Thanksgiving Day Football Game " »

A Scotts Valley teen has filed a lawsuit against the county of Santa Cruz following a serious head-on collision accident that left her paralyzed last spring. Alexandria Pomianowski, 19, of Scotts Valley, suffered a life-changing spinal cord injury on April 7 in Santa Cruz County. Pomianowski was driving her 1999 convertible Ford Mustang out of Felton on Mount Hermon Road when she lost control of her car and was struck head-on by a utility truck. She broke three vertebrae in her neck in the crash and is paralyzed from the chin down.

Pomianowski graduated from San Lorenzo Valley High in 2007 and was working at a preschool in Scotts Valley. The lawsuit, which alleges Mount Herman Road is not safe, seeks yet-to-be determined damages for medical expenses (which in seven months have already exceeded $1 million), attendant care, and future loss of earnings. Pomianowski lives at home and requires around-the-clock care. Defendants named in the suit include Santa Cruz County, which maintains Mount Herman Road, as well as the driver of the county vehicle that that struck Pomianowski, and Ford Motor Company.

Continue reading "Teen Paralyzed in Car Accident Sues Santa Cruz County Over Dangerous Road " »

A cyclist suffered serious injuries Thursday afternoon after he was struck by a white Volvo SUV at the intersection of Haight and Pierce Streets, on the Wiggle in San Francisco. The cyclist was travelling south on Pierce, and the SUV was travelling east on Haight, when the collision occurred. The cyclist suffered numerous injuries including possibly a broken leg or ankle, and collarbone or shoulder. The cause of the bicycle accident remains under investigation, and it is not known who was at fault.

"The Wiggle" is a popular bicycle route for commuters in San Francisco. It moves zig-zag throughout the city while staying nearly flat through hilly areas. If you are a cyclist in San Francisco, the Wiggle is a great energy-saving route between Market Street and Golden Gate Park. It connects the eastern and central neighborhoods with the major western neighborhoods, including Golden Gate Park.

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The family of Alyssa Squirrell has filed a wrongful death claim against the city of Huntington Beach for the death of their daughter, who was killed on July 14, 2009, during a routine Jr. lifeguard training drill. According to the Orange County Register, the claim was filed on November 12, and seeks damages against the city for personal injuries, emotional distress and damages related to Alyssa's death in the junior lifeguard program accident.

Squirrell was struck by a boat propeller during a "speed drop" rescue exercise, in which junior lifeguards drop into the water off of a moving vessel. Following the accident, Squirrell was taken to University of California Irvine Medical Center, where she died of her injuries. The tragic accident was the first fatal accident since the Huntington Beach junior lifeguard program began in 1964. Last week, Orange County prosecutors said they would not be filing criminal charges against Huntington Beach lifeguard Lt. Greg Crow, the operator of the boat that struck Squirrell.

Continue reading "Family Files Wrongful Death Claim in Huntington Beach Junior Lifeguard Death " »

The California Highway Patrol is investigating a multi-vehicle pileup accident on southbound Highway 101 at the Gaviota curve Friday morning in Santa Barbara County. Santa Barbara County Fire reported six people were taken to the hospital following the collision, which involved nine cars, and four people suffered minor injuries. The accident occurred shortly after 7 a.m., about a quarter mile past the rest stop. Traffic on the southbound lanes of 101 was backed up for at least a mile, the Lompoc Record reported.

Pileup accidents may have numerous liable parties, which usually result in complex insurance claims. Poor visibility due to rain or fog and unsafe driving for weather conditions often contribute to multiple car accidents. In Gaviota, coastal fog is common in the mornings, and usually clears up by midday. Debris on the highway or a stalled vehicle may also cause an accident.

Continue reading "Six People Injured in Nine Car Pileup on Highway 101 Near Gaviota " »

The Mendocino County Sheriff's Office has identified the victim of a fatal crash Wednesday morning on Highway 20 as Paul Brown, 49, of Lakeport. According to reports in the Santa Rosa Press Democrat and Lake County News, Brown was the driver and sole occupant of a Dodge Ram pickup truck travelling westbound on Highway 20, at the Russian River Bridge, east of Highway 101 in Redwood Valley. Brown lost control of his vehicle for unknown reasons and collided with a Ford F-550 utility truck at about 6:50 a.m. Brown died of his injuries at the scene shortly after the crash. The driver of the Ford, Edward Turberville, 33, of Santa Rosa, was taken to Ukiah Valley Medical Center and released. Officials reported both vehicles were travelling at about 50 mph when they collided head-on on the Russian River bridge. Both Brown and Turberville were wearing their seatbelts.

Highway 20 runs 211 miles from Highway 1 in Mendocino County to Interstate 80 in Placer County. Parts of Highway 20 are especially dangerous, and there have been numerous fatality and injury accidents on Highway 20 this year. On August 26, a truck driver suffered major injuries in a crash on Highway 20 in Nevada County. One person was killed and ten others were injured on July 4 on Highway 20 in Sutter County. In June, two passengers suffered major injuries in a solo vehicle crash on Highway 20, east of Walker Ridge in Lake County. A 19-year-old woman died in a head-on collision near the same location in Lake County on April 7.

Continue reading "Lakeport Man Killed in Head-on Collision on Highway 20 in Mendocino County " »

Torrance Police are investigating a tragic accident that killed a bus passenger exiting a bus in Torrance on Thursday afternoon. A man in his 40's slipped and fell November 19th after exiting the bus and stepping onto the sidewalk, and fell backwards under its wheels. The bus then ran over the man, who died at the scene of the accident. The fatal accident occurred at 4:30 p.m. at Torrance and Crenshaw Boulevard.

Determining who is responsible for a bus vs. pedestrian accident can be complex, and no determination has been made as to who was at fault for this fatal accident. More than one party may ultimately be responsible, including the transit company, the bus driver, maintenance companies, and city and county governments. An attorney can help you determine which parties are responsible for your injuries by hiring an independent investigator.

Continue reading "Man Exiting Bus Fatally Injured by Torrance Transit Bus " »

A jury in Hunterdon County has awarded a 43-year-old Phillipsburg, NJ truck driver $5.961 million for injuries he sustained in a crash on July 4, 2006. Kenneth Matlock had been driving on Route 29 with his wife, daughter and two teen neighbors when a limb from an oak tree fell onto their GMC SUV. Both Matlock and his wife broke their necks, and Matlock lost the use of his right hand. His daughter and two other teenagers suffered only minor injuries.

Following the accident, Matlock and his wife sued Delaware township, Hunterdon County, and the New Jersey Department of Transportation, and adjoining property owners. The suits against all other defendants except for the state were dismissed. According to a report by the Department of Transportation, the oak tree limb that fell had hollowed out and was rotting. Additionally, it came to light that there had been 55 reports of tree-related incidents on Route 29 in the two years before the accident, include several very similar incidents close to the location of Matlock's accident.

Continue reading "Jury Awards New Jersey Man $6 Million for Accident Caused by Fallen Oak Tree Limb " »

A California Highway Patrol was taken to Valley Care Medical Center in Pleasanton, CA after he crashed his motorcycle on Highway 84 Wednesday evening, near Sunol. The officer, based in San Jose, was riding east on Highway 84 when the back wheel reportedly began to wobble, near the rear tire or rear axle area. The officer crashed and fell onto the road at speeds between 25 to 40 mph. The accident in unincorporated Alameda County happened at about 6:15 p.m., authorities reported. The official cause of the motorcycle accident is still under investigation, but authorities believe it is due to a malfunction in the motorcycle. It sounds as though this officer's injuries were relatively minor, and we hope he makes a full recovery.

Defective parts in motorcycles are responsible for a small percentage of injury and fatal motorcycle accidents. If you are injured in a motorcycle accident, it is important that you not discard or repair the motorcycle until an investigation can be completed. If your accident was caused by a defective part, or negligence in the assembly or maintenance of your bike, you may be entitled to compensation for your injuries or a family member's wrongful death.

Continue reading "CHP Officer Injured in Crash After Motorcycle Malfunctions on Highway 84" »

The California Highway Patrol is investigating the death of a man who was killed while walking on the side of Highway 1 last week near California State University Monterey Bay. The pedestrian, identified as David Armstrong, 50, of Seaside, was walking on the northbound side of Highway 1, north of Light Fighter Drive just before 8:30 p.m., when he was struck by a passing vehicle. Armstrong was then struck again by several other vehicles and died at the scene of the crash.

The CHP is attempting to identify all vehicles involved in the fatal hit-and-run accident. Several motorists contacted the CHP on Friday and said they had struck something but could not identify what it was. The cause of the accident remains under investigation. We hope that law enforcement will be able to identify the vehicle that struck David Armstrong, and understand the facts surrounding this tragic accident. Leaving the scene of an accident that results in injury or death is against the law, and there are no exceptions. According to Section 20002 of the California Vehicle code, [a] driver must stop and locate owner or person in charge and exchange driver documentation. If owner of damaged property cannot be located, the driver is not permitted to leave the scene of the accident until the following actions have been completed:a) Leave a note with facts surrounding the case and driver documentation information; or b) Report the accident to the California Highway Patrol (CHP) or local police." In this case, the driver should have stopped at the scene.

Continue reading "Seaside Man Struck and Killed on Highway 1 in Monterey County" »

A New York Supreme Court jury awarded a $29.4 million verdict last August to the family of a New Jersey man who died following a horrendous car crash on January 25, 2002 on the New York State Thruway. Denise and Peter Malkin, of Franklin Lakes, New Jersey, were driving to Vermont to go skiing with their daughter when they encountered a freight container on a flatbed trailer that had crashed into the overpass, because the vehicle was too tall and clipped the underside of the overpass. Denise, who was at the wheel, swerved to avoid the wreckage and was subsequently broadsided by another tractor-trailer. Her husband Peter, 63, suffered serious internal injuries and a traumatic brain injury, and died due to complications of his injuries several weeks after the crash.

The family brought a suit against the driver of the truck that towed the flatbed trailer, Sebastian Termblay, the lessees of Tremblay's Truck, Tremblay's employers, the truck's lessor, and the trailer's lessor, and alleged the defendants were negligent in the loading of the tractor trailer. Each defendant said that another defendant had loaded the truck. During the two-week trial, the plaintiffs negotiated a $6 million settlement with Fiducie Location Pinard, the truck's lessor. The trial proceeded against the other defendants. The jury ultimately found that the truck accident was caused by negligent overloading of the tractor-trailer. The jury found that the plaintiffs' damages totaled $29,438,864, including $1 million for emotional suffering of the Malkins' daughter.

Continue reading "Jury Awards New Jersey Crash Victim's Family $29.4 Million for Fatal Truck Accident " »

The CHP shut down Interstate 40 Monday morning following a fatal accident in San Bernardino County, about 150 miles west of the Arizona border, near Kelbaker Road. According to reports, the driver of the big rig struck a guardrail for unknown reasons, causing the big rig to overturn. The accident was reported shortly after 6 a.m., according to the San Bernardino Sun. The driver's partner, who was sleeping in the back of the semi-truck, was killed. It is not known why the driver lost control of the semi-truck, as a highway patrol investigation is pending.

It is unfortunate to hear of yet another fatal accident on this freeway. Interstate 40 is a very common route for long-haul truckers, and serious accidents often occur on the 155 mile stretch of Interstate 40 in California. Trucking accidents have numerous causes, from driver fatigue, driver speeding, and even sending text messages while driving. Although the Federal Motor Carrier Safety Administration has numerous laws in place to reduce the number of accidents, fatal truck accidents such as this one still occur on a daily basis.

Continue reading "Sleeping Passenger in Big Rig Killed Monday Morning in Interstate 40 Crash " »

A recreational vehicle ride ended in tragedy Saturday afternoon at the Glamis Dunes when a 23-year-old San Dimas man was killed, authorities reported. Nicholas Mallard was killed when he was ejected from a quad all terrain vehicle at the Glamis Dunes, just east of Gecko loop. The Imperial County ATV accident was reported at 2:45 p.m. The cause of the accident remains under investigation by the California Highway Patrol.

Our condolences go to the Mallard Family and everyone who knew and loved Nicholas. The accident is the second fatality at the Glamis Dunes reported in less than a month. A 34-year-old man was killed in an accident at the Dune Buggy Flats on October 26, 2009. Hundreds of thousands of people visit the Glamis Dunes, part of the Imperial Sand Dunes Recreation Area, each year to enjoy many types of off-road vehicles, including ATVs, utility terrain vehicles (UTVs), dirt bikes, dune buggies and sandrails.

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A jury in Albemarie County, Virginia awarded $5.25 million to the parents and sibling of a 16-year-old girl killed by a tractor-trailer on May 9, 2008. Kenneth Barbour, the driver of the tractor-trailer who ran a red light at the intersection of U.S. 29 and Ashwood Boulevard, pleaded guilty to involuntary manslaughter and reckless driving earlier this year. He was sentenced to a two-year active prison sentence.

In October 2008, the parents of Sydney Aichs filed a wrongful death lawsuit accusing Barbour along with Don B. Swisher Trucking Corp., and McCann Delivery Service of negligence. The suit claimed that Barbour did not slow down when he approached the northbound lane of the intersection, and that Barbour's employers did not train him adequately and also allowed him to drive the truck with defective parts. After a two-day trial, the jury deliberated for three hours before reaching a decision Friday evening, awarding $1.75 million each for Sydney's mother, father, and brother.

Continue reading "Jury Awards $5.25 Million in Fatal Truck Accident Lawsuit " »

The wife of an Illinois man filed a lawsuit against Indian Lakes Resort (near Chicago) after her husband suffered a severe traumatic brain injury after he was thrown from a golf cart an employee of the resort was driving. In the summer of 2008, Todd R. Bergfors was riding in a golf cart driven by an employee when the driver took a sharp turn, ejecting Bergfors from the cart. Last month, Bergfor's doctor's reported he was in a coma and had a "very poor prognosis for recovery."

Traumatic brain injuries (TBIs) are complex injuries that can cause permanent disability and emotional and financial devastation to victims and their families. An estimated 5 million Americans suffer some sort of brain injury. Brain injuries are the leading cause of death for persons under 45. When another person or party is at fault for an injury, the injured party and their family can sue the responsible party for medical expenses, pain and suffering, and lost earnings.

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The most common question a client asks his/her attorney is: "How much is my injury case worth?". There are hundreds (if not thousands) of variables which affect the value of a personal injury case. Most of these variables are not known at the beginning of the case; thus, it is very difficult for an attorney to tell you what the value of the case is during your first meeting. However, as your case progresses and your lawyer learns more about the facts of your case then the value of your case becomes clearer. Some of the main factors your lawyer looks at in determining the value of your case are:

LIABILITY

Is someone responsible for causing your injury? Did you contribute to the accident in any manner? If you did somehow contribute to your accident what percentage of the accident is your fault? Obviously, the more fault that can be placed upon the other person the higher the value of your case. Typically, a rear-end auto accident is a form of a clear liability case whereas a slip-and-fall will involve more issues of comparative fault on the part of the claimant. In more complex liability cases, it is very important that your attorney gather all of the evidence in your favor to show how/why the person who caused your injury is responsible for the same.

CAUSATION

Did the incident cause your injury? Or was your injury a pre-existing condition or somehow not related to the incident? Usually, causation is determined by a medical doctor who has examined you and your medical records.

DAMAGES

How serious is your injury? Is the injury permanent? Clearly, the more serious and permanent an injury is the more value the insurance company (or jury) is generally going to put on the case. The law breaks down damages into two categories:

ECONOMIC DAMAGES

These include medical expenses (past and future), lost earnings (past and future)--if you are unable to work as a result of your injury, your lost earning capacity, etc...The higher amount of economic damage = the higher value of your case (assuming the other factors identified in this article are in your favor).

NON -ECONOMIC DAMAGES

These are the less tangible but oftentimes the most important part of the damages portion of your case. They include physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress. Typically, the non-economic damages value of a case will be higher when there is a more serious and permanent injury involved.

MISCELLANEOUS

What type of witness do you make? What type of witness does the person who caused you injury make? The more credible you (and your witnesses) are and the less credible your opponent is will help the value of your case. Where is the venue of your case? Certain jurisdictions in the State of California have reputations for being more conservative in awarding money to injured people. If you are in one of these jurisdictions then this will affect the value of your claim. Which insurance company is representing the person/company who is responsible for your injury? And how much insurance is available? Some carriers are more reasonable than others and if there are limited policy limits available this could adversely affect the value of your case. Which law firm is defending the person/company who caused your injury? The more aggressive the defense firm is the more important it is for you to have a top-notch attorney representing your interests. Because the reputation of your attorney can either add (or subtract value) from your case. Is your attorney AV rated by Martindale? Is he/she known to heavily litigate his/her cases? Or is he/she afraid to properly prepare the case for trial?

While the foregoing sets forth some of the basics used to value a personal injury case by no means is this list an all-inclusive one. Only a qualified attorney can tell you what the value of your case is (and only after he/she knows all of the facts identified within this article).