December 2009 Archives

December 31, 2009

Understanding California Dog Bite Law


If you are bitten by a dog in California, the owner of the dog is responsible for your injuries. Very often, the dog owner's home owner's insurance policy will cover dog bite injuries and other injuries from animal attacks. After a dog bite attack, it is important to contact an experienced attorney who can help you obtain compensation for your medical expenses, future medical expenses, including scar treatment and plastic surgery, lost earnings, future loss of earning capacity, emotional trauma and pain and suffering.

Dog Bite Injury Frequently Asked Questions


California has specific laws in place to protect the rights of dog bite victims. Before you speak with an insurance company or accept a settlement, contact an experienced California dog bite attorney who will explain your legal rights, options and responsibilities.

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December 29, 2009

Polaris Industries Recalls 8,500 ATVs Due to Crash Hazard

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Polaris Industries, of Medina, Minnesota, in cooperation with the US Consumer Products Safety Commission, has issued a voluntary recall of about 8,500 all-terrain vehicles. The recall applies to 2009-2010 Sportsman ATV models, which were sold between February 2009 and November 2009 at Polaris dealers nationwide. The recall has been issued because the front suspension ball joint on the ATV could potentially separate from the steering knuckle, causing the rider to lose control and crash, which could result in serious injury or death.

Recalled ATV Models

The recall includes the following Polaris ATVs:

• 2009 Sportsman XP 550
• 2009 Sportsman XP550 WPS
• 2010 Sportsman 550
• 2010 Sportsman X2 550
• 2010 Sportsman Touring 550
• 2009/2010 Sportsman XP 850
• 2009/2010 Sportsman XP850 EPS
• 2010 Sportsman Touring 850

Polaris has received 19 reports of incidents involving the recalled ATVs, although no one has been seriously hurt. Consumers that own the recalled ATVs should stop riding the vehicles immediately and contact their local Polaris dealer to schedule a free repair. Polaris is also contacting registered owners directly about the recall. For more information visit the Polaris website or the U.S. Consumer Product Safety Commission website. You can also call Polaris toll free at (888)704-5290.

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December 28, 2009

One Person Killed, Five Injured in Crash on Highway 99

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One person was killed and five others were injured in a two-vehicle crash on Highway 99 early Monday morning, the California Highway Patrol reported. The crash, which occurred shortly before 1 a.m., involved a Acura MDX SUV and a four-door Chrysler Cirrus. According to the California Highway Patrol, the crash occurred on Highway 99, just north of Mack Road, and south of the Stockton Boulevard off ramp.

The Chrysler Cirrus, driven by Victor Mendoza, 37, of Sacramento, went off the right side of the road, over corrected and struck the center median. The vehicle ended up pointing southwest in the northbound lane of traffic. A passenger in the Cirrus got out, but Mendoza remained in the car. The Acura MDX, driven by a 33-year-old Lincoln woman, then struck the Chrysler, on the driver's side door. Mendoza died in the crash, and the passenger, who was not identified, was unharmed. The driver and four passengers in the Acura were taken to local hospitals.

The cause of this accident is currently under investigation by the California Highway Patrol. Based upon initial reports, the cause of the accident is not clear. It is not known what caused the initial crash where the Chrysler Cirrus went off the road and struck the median, or what caused the driver of the Acura to strike the Chrysler. The CHP will investigate whether negligent driving, speeding, or drinking and driving were factors for both drivers in the fatal crash. It is also possible that a roadway defect or vehicle failure were contributing causes of the collision. While this crash is under investigation, both the family of Victor Mendoza and the family in the Acura would be well-advised to consult with an experienced Sacramento personal injury attorney.

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December 28, 2009

Lake Elsinore Teen Killed in Rollover Wreck

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An 18-year-old Lake Elsinore man died of his injuries about four hours after a solo-vehicle rollover crash in Riverside County, authorities reported. According to reports in the Riverside Press Enterprise, Geovanni Maciel, 18, of Lake Elsinore, was driving a Honda Accord on westbound on Lincoln Street, west of Sunswept Drive, when he lost control of his vehicle and struck several trees. The Honda Accord rolled repeatedly, about the length of a football field. The crash occurred at 3:35 a.m. Sunday, December 27, 2009.

Maciel, the sole occupant of the vehicle, was ejected from the car and pinned beneath it, according to Riverside County Coroner's investigators. He was taken by ambulance to Inland Valley Medical Center in Wlidomar, where he passed away shortly after 8:00 a.m. The Riverside County Sheriff's Department is the agency investigating the cause of the fatal crash. Please keep the family of Geovanni Maciel in your prayers. Our thoughts and condolences go to everyone who knew and loved this young man.

Based on the news reports of this accident, it is not completely clear what caused the crash. While the investigation is ongoing, the family would be well-advised to consult with an experienced Riverside car accident attorney to review their legal rights and determine if they have a potential claim for wrongful death. If negligence or wrongdoing, such as a dangerous roadway condition or mechanical failure of the vehicle caused the accident, the family may be entitled to compensation for their loss.

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December 22, 2009

Atwater Teen Critically Injured in Highway 99 Crash

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The CHP is investigating a solo-vehicle crash Monday afternoon in Merced County, that left a 17-year-old Atwater girl hospitalized with major injuries. The accident occurred just before 1:30 p.m. on southbound Highway 99, south of R Street. The victim, Maricza Cruz, was a passenger and one of three occupants in a red 1995 Honda Civic hatchback. The driver, an 18-year-old Atwater man, lost control of the Honda in wet conditions. The vehicle spun onto the right shoulder and overturned down an embankment, coming to rest on its wheels.

Merced firefighters extricated Cruz from the vehicle. The other passenger, who was not wearing her seat belt, and the driver both received minor injuries. The CHP does not believe alcohol or drugs were a factor in the accident. Maricza Cruz suffered major injuries and was hospitalized following the crash. We wish her the best and hope that she makes a full and complete recovery quickly.

Who Caused this Highway 99 Accident?

The family of Maricza Cruz would likely benefit from talking to an experienced Highway 99 accident lawyer, who will make sure that Cruz is properly and fully compensated for her injuries. In solo vehicle accidents, the driver of the vehicle may be responsible, in which case Cruz would be entitled to compensation from the driver's insurance policy. It is also possible that a defective road condition or even mechanical failure caused the crash.

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December 18, 2009

Cyclist Killed in Collision with Caltrans SUV in San Mateo

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A Palo Alto man was killed after he was struck by a CALTRANS vehicle on a freeway overpass early Friday morning, police reported. The bicycle accident occurred on East Hillsdale Boulevard, on the Highway 101 overpass, just before 6:15 a.m., the San Francisco Chronicle reported. The victim, a 68-year-old Palo Alto resident, died at the scene of the crash. The driver of the Caltrans vehicle was reportedly on duty at the time of the accident.

The overpass of Hillsdale Boulevard is six lanes wide with dual onramps and narrow sidewalks, and notoriously hostile to bicyclists and pedestrians. Based on the facts reported on this accident, it is not clear who was at fault for this accident. An investigation of the accident is underway. The family of the man involved in the crash may benefit from consulting with an experienced San Francisco bicycle accident attorney to determine if the driver of the CALTRANS vehicle is indeed responsible for the accident. If that is the case, the family could file a wrongful death claim against the driver and CALTRANS.

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December 17, 2009

Driver Arrested after Norco Motorcyclist Killed in Head-on Collision with Pickup Truck

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The California Highway Patrol is investigating a tragic accident early Thursday morning that killed a 23-year-old Norco man. The man, Brian Sgambati, was riding his motorcycle on Limonite Avenue when he crashed into the pickup truck. The accident occurred at about 12:15 a.m., and the Sgambati was pronounced dead at 12:27 a.m.

The crash occurred on Limonite Avenue about 1,000 feet east of Bain Street in Riverside. The driver of the 1993 pickup truck, Valentin Feliciano, 56, of Riverside, was arrested following the accident on suspicion of driving under the influence of alcohol. Officers conducted a field sobriety test which confirmed Feliciano was under the influence. According to the San Bernardino Sun, Feliciano had several prior DUI arrests. He will be charged with gross vehicular manslaughter while intoxicated, according to the CHP.

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December 14, 2009

Orland Woman Fatally Struck by Pickup Truck in Glenn County

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Investigators at the California Highway Patrol are trying to figure out what happened that led to the death of Pamela Hope Brown, 53, on Saturday evening in Glenn County. According to the Willows Journal, Brown was reportedly standing in the middle of Old Highway 99W, just south of County Road 27, when she was struck by a 1999 Dodge Ram pickup truck. Brown died at the scene.

The driver of the truck that struck Brown, Arturo S. Saurez, 40, of Orland and his passenger were both not injured in the crash. No arrests have been made or citations issued following the accident. An investigation is ongoing and toxicology results are pending. Anyone with information is asked to contact the Willows CHP at 530-934-5424.

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December 3, 2009

One Killed, One Seriously Injured in ATV vs. Motorcycle Collision in Lindsay

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A 25-year-old Lindsay man was killed and a 22-year-old Lindsay man was critically injured Sunday night in a crash in Tulare County, authorities have reported. The collision occurred just before 8 p.m. at the intersection of Sierra View Street and Lafayette Avenue. Javier Benitez Luna, 25, died at the scene. Juan Carlos Zapata, 22, was airlifted to Community Regional Medical Center.

According to reports in the Porterville Recorder Online, an ATV travelling east on East Sierra View Street collided with a dirt bike going west on East Sierra View Street. It was not immediately clear which person was riding which vehicle. Police reported the two men, who were both wearing helmets, failed to stop at the intersection. An investigation is ongoing and toxicology results are pending. It is not known if alcohol was a factor in the crash. Anyone with information is asked to call the Lindsay Police Department at (559) 562-2511.

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