California Injury Lawyer Blog

The Washington Post reported Saturday that Toyota has contacted dealers saying it has come up with a fix for the stuck accelerator issue affecting millions of cars. Although Toyota Motor Corp said that the National Highway Traffic Safety Administration (NHSTSA) approved the proposed remedy, officials at the government safety agency stated that they do not formally approve such remedies.

No word on exactly Toyota will fix the gas pedal issue, although it has been speculated that the fix will likely involve installing a part to force the accelerator pedal to return to it's normal position. The most recent recall includes the Toyota RAV4, Toyota Corolla, Toyota Matrix, Toyota Avalon, Toyota Camry, Toyota Highlander, Toyota Tundra, and Toyota Sequoia.

Toyota announced on January 26th it would stop production on eight of its models while they worked on coming up with a solution to the gas pedal becoming stuck, resulting in more than 2,200 reported unintended acceleration incidents, 815 crashes, 341 injuries and 19 fatalities.

The auto defect attorneys at Estey & Bomberger are closely monitoring incidents involving runaway Toyotas and are currently screening cases. If you or a loved one has been injured or killed in a recalled Toyota, contact Estey & Bomberger for more information and a free consultation at (800) 724-3817.

Sources: Washington Post, Safety Research & Strategies Blog.

Authorities are investigating a pedestrian accident at the intersection of Main Street and Fulton Lane/Madrona Avenue Thursday evening. According to police, Elsie "Alice" Stefani, 82, was walking eastbound on Main Street (Highway 29 / Highway 128) in a crosswalk at the intersection of Fulton Lane and Madrona Avenue. Westbound traffic stopped to wait for Stefani, but a car turning left from Madrona onto Main did not yield to Stefani's right of way and struck her.

The St. Helena Star reported that Stefani was trapped under the vehicle, which was driven by a 52-year-old Calistoga woman. Stefani was extracted from beneath the car and flown to Santa Rosa Memorial Hospital, where she died shortly before 7 p.m. Her two dogs were transported to the city kennel. Police are investigating the cause of the fatal Napa County pedestrian accident. The driver was not cited at the scene.

Our deepest sympathy goes out to the family of Elsie "Alice" Stefani and everyone who knew and loved her. The St. Helena Star said that Stefani was a dog lover who took her two dogs for a walk "every day, rain or shine." Please keep her family in your prayers as they are grieving this tragic loss.

The pedestrian accident was the second fatal pedestrian accident within a day in the North Bay area. Michelle Cordova, 15, was killed in a crosswalk on West College Avenue at Link Lane in Santa Rosa on Wednesday night, just a few dozen yards from her apartment complex.

Continue reading "St. Helena Woman Struck and Killed in Crosswalk" »

A man who wandered away from his Alzheimer's care facility was struck and killed Wednesday night in Castro Valley, the California Highway Patrol reported. Carl McElroy, 89, wandered away from the Oak Creek Alzheimer's & Dementia Care facility and was walking down the middle of East Castro Valley Boulevard near Paloverde Road when he was struck by a BMW around 8:15 p.m.

McElroy died at the scene of the accident. According to reports in the Mercury News, the driver of the BMW stopped and he and a passenger are cooperating with authorities. The driver was not believed to be under the influence of drugs or alcohol.

Our deepest sympathy goes out to the family of Carl McElroy. What a heartbreaking story. Please keep his loved ones in your prayers.

Investigators are looking into not just how the accident occurred, but how Mr. McElroy managed to get away from his care facility. The newspaper reports of this incident do not indicate how long McElroy was missing, or if staff at the nursing home even noticed he was missing before he was killed. Regardless, it seems that negligence on the part of the care facility played a role in this man's death.

Nursing home negligence is an epidemic, and tragic events resulting in death and serious injury to elderly people are on the rise. When elderly men and woman are neglected and left alone instead of being properly supervised and treated with care and respect, nursing homes should be held accountable. Just two days ago, we wrote on this same blog of an incident only about 30 miles away from Castro Valley - a 63-year-old woman who wandered away from her skilled nursing facility in Concord was found dead three days after she went missing. The family of Carl McElroy would be well-advised to speak to a California nursing home abuse lawyer who will help protect their rights and ensure justice is served for the loss of their family member.

The nursing home neglect lawyers at Estey & Bomberger, LLP have more than 70 years of collective experience representing victims of nursing home abuse and nursing home neglect. If you believe someone you love is a victim of neglect or abuse, contact Estey & Bomberger at (800)724-3817 for a free consultation.

The recent announcements from Toyota that the company will temporarily stop producing and selling eight popular Toyota models has worried not just Toyota owners and potential Toyota owners, but also the nation's rental car companies. Toyota says a lever that makes up part of the accelerator can potentially stick, causing the car to accelerate out-of-control and crash. As reports of more accidents continue to make headlines, many rental car companies have announced that until a solution is found, they won't be renting Toyotas affected by the recall.

Although Toyota cars represent only a small portion of most American rental company fleets, the companies aren't taking any chances. Avis, Budget, Enterprise, Hertz, National and Alamo are going to stop renting Toyotas while country's largest automaker continues to investigate the accelerator pedal entrapment issue. According to Travel Pulse, a travel news website, Avis Budget is removing approximately 20,000 cars from its fleet, and Enterprise Rent-A-Car, which also owns and operates Alamo Rent A Car, and National Car Rental, will not be renting any affected Toyotas in their fleet. The affected Toyotas owned by Enterprise-Rent-A-Car consist of only about 4% of the company's overall fleet.

Continue reading "Rental Car Agencies Withdrawing Toyota Vehicles Affected By Stuck Accelerator Pedal Recall " »

A 63-year-old woman reported missing from a skilled nursing facility in Concord on Saturday was found dead Tuesday morning. Rosemary Nelson, who family members say had gone missing from other board and care facilities in the past, was found dead in a culvert off of Will Pass Road, east of Lynwood Drive. Investigators had searched the area near the nursing home over the weekend with police dogs, but did not find Nelson.

According to reports by KTVU News, Nelson was last seen at about 5 p.m. Saturday at the convelescent home in the 100 block of San Miguel Road in Concord. She was reported missing shortly after 7:30 p.m. Saturday night, and found dead at around 8 a.m. Tuesday. The Contra Costa Coroner's Office found her primary cause of death to be exposure.

Negligence and lack of supervision at nursing homes occurs at alarming, epidemic rates, and family members are understandably outraged. Our thoughts and prayers go out to the family of Rosemary Nelson as they cope with this preventable tragedy.

Last February, an 89-year-old woman froze to death in the courtyard outside her nursing home in Itasca, Illinois. Nursing home employees returned the woman to her bed and attempted to make her death appear natural. The woman's three daughters have since filed a wrongful death suit against the nursing home. In December 2008, a 95-year-old Missouri woman was found dead outside her nursing home in a wheelchair in Florissant, Missouri.

Continue reading "Woman Missing From Nursing Home Found Dead Three Miles Away " »

One person was killed and four other people were injured early Sunday morning in a solo vehicle crash in Tulare, police reported. The SUV rollover accident occurred at about 5 a.m. Sunday in south Tulare, where Mooney Boulevard becomes Foster Drive.

According to reports in the Visalia Times-Delta, Ernest Hernandez Renaldi, 26, of Strathmore was driving south on Mooney Boulevard when he lost control of his 2003 Cadillac Escalade. The vehicle went off the road and rolled five times in a dirt field. Renaldi was ejected from the vehicle. Injured in the crash were Sergio Lara, 20, Andrew Torres, 21, and Angel Garibhy, 20, and a 17-year-old boy who was not identified. One of the victims reportedly suffered a punctured lung and broken neck. The January 25 accident was the first accident fatality of 2010 within Tulare city limits.

Please keep the family of Ernest Renaldi in your prayers. What a devastating accident. We hope everyone injured in this accident makes a full and speedy recovery.

Continue reading "Strathmore Man Killed, Four Others Injured in SUV Rollover Crash in Tulare " »

One person was killed and three people were injured in an unsafe passing accident on Highway 395 near Barstow. At about 8:15 p.m. Friday, Maureen Fisher, 50, of San Diego was driving northbound on Highway 395 near mile post marker 61 in Rural Helendale. An SUV passed her 2005 Honda Odyssey on the left.

Meanwhile, Justin Chang, 23, of Hacienda Heights was driving southbound. He swerved off the highway to avoid the oncoming SUV and then into the northbound lane of Highway 395. His 2007 Toyota Scion was then broadsided by Fisher's Honda Odyssey. The SUV that caused the collision was not struck, and did not stop at the scene. Justin Chang died at the scene of the crash. Fisher, and her two passengers, an 18-year-old and a 14-year-old, were all injured and taken to nearby hospitals. The California Highway Patrol is investigating this multi-vehicle accident.

Not stopping at the scene of an accident that you were a party to is against the law. Under the California Vehicle Code § 20001, "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident." It does not matter that the driver of the SUV did not physically collide with either of the two vehicles. He or she had a responsibility to stop at the scene. This driver could be facing hit and run and even possibly vehicular manslaughter charges. He or she is urged to contact law enforcement officials as soon as possible.

Continue reading "One Killed, Three Injured in Hwy 395 Crash January 15 Near Barstow " »

Under a new law proposed last week in Sacramento, children hitting the slopes would have to take a helmet along. The bill, introduced by California Sen. Leland Yee, would require children under 18 to wear a helmet.

The California Ski Industry Association has already pledged his support. Most major resorts recommend already recommend all skiers and snowboarders to wear helmets.

Not all lawmakers support the bill, however. Republican Tom Harman told the LA Times the bill raises the question of how far government should go in protecting people from themselves. The bill is still weeks away from discussion in Sacramento.

Studies show that wearing helmets can greatly reduce the risk of serious brain injuries in children ages 15 and under. Today's ski helmets are inexpensive, warm, comfortable and effective. They provide an extra degree of protection, and seriously reduce the risk of permanent brain damage in a collision with another skiier, tree, or other fixed object.

Authorities are investigating the cause of a head-on collision that occurred Sunday night on the western edge of Dinuba. The crash, which involved two mid-sized sedans, was reported at 7:56 p.m on Avenue 416 near Road 64. Three women, one of whom was pregnant, were injured in the two-car-collision. A man driving one of the vehicles was not hurt.

The cause of the Tulare County accident remains under investigation. According to reports in the Visalia Times-Delta, a female passenger in one of the cars suffered major injuries and was airlifted to Community Regional Medical Center in Fresno. The driver of that vehicle, who was pregnant, was taken by ambulance to Kaweah Delta Medical Center in Visalia, along with a third female passenger who suffered moderate injuries.

Continue reading "Three Women Injured in Head-On Collision in Dinuba " »

A 62-year-old Gilroy man was killed Thursday morning after he was struck by a Nissan Versa in Santa Clara County, authorities reported. The man, who was not immediately identified, was struck at the intersection of Monterey Road and West 8th Street in Gilroy, at about 6:10 a.m. He was taken to a local hospital, where he died of his injuries a short time later. The driver of the Nissan was also taken to a Bay Area hospital with non-life-threatening injuries. A concrete wall, road sign and metal post were also damaged in the accident.

The Gilroy Police Department Major Accident Investigation Team (MAIT) is investigating the cause of the fatal pedestrian accident. Although the incident remains under investigation, police do not believe alcohol was a factor in the crash. Anyone with information is asked to call Officer Garcia or Detective Beltran at (408)846-0350. Parties wishing to provide information anonymously may call WeTip at 1-800-782-7463 (800-78-Crime).

It is not clear whether or not the victim was in a marked crosswalk. The facts of this Gilroy pedestrian accident reported by the San Jose Mercury News are not sufficient to determine who was at fault. If the driver of the Nissan is found negligent and at fault for this incident, the family of the pedestrian may be entitled to compensation in a wrongful death claim. The family may benefit from consulting with a California wrongful death attorney while the cause of this accident is still under investigation. An attorney can conduct an independent investigation, preserve evidence and witnesses, and most importantly, ensure the rights of the victim's family are protected.

Continue reading "Pedestrian Killed in Santa Clara County Accident " »

Authorities are investigating the cause of a crash Tuesday afternoon at a busy intersection in El Centro. The two-car collision occurred at W Commercial Avenue and N 4th Street (CA State Route 86), at about 1:45 p.m. on January 12, 2010. El Centro Police and El Centro Fire responded to the collision. Three people were taken by Gold Cross ambulance to El Centro Regional Medical Center.

Based on news reports of this Imperial County car accident by kxoradio.com, it is impossible to determine what caused this accident. Accidents at intersections have countless causes, including driver distraction, negligence, running a red light, and even road design defects in the intersection, such as a malfunctioning traffic signal light. Not all intersection accidents are the fault of one of the drivers involved.

In the U.S., about one-third of all traffic accidents are said to occur at intersections. The California personal injury lawyers at Estey & Bomberger have represented numerous victims injured in intersection accidents. If you have beeen hurt in an intersection crash, you may be entitled to monetary damages for your injuries. An experienced personal injury lawyer at Estey & Bomberger can help you obtain the maximum compensation you deserve. If you would like a consultation, contact Estey & Bomberger at (800)724-3817 or another reputable law firm.

A 21-year-old Turlock woman died early Sunday in a crash on Highway 99 in Fresno. According to CHP reports, the accident happened at about 2:45 a.m., on Highway 99 at Clinton Avenue. The victim was one of five occupants in a car driven by Christine Naranjo, 23, of Delhi. Naranjo's vehicle was travelling northbound in the slow lane. For unknown reasons, the driver lost control, crossed into the other lanes and struck the center divider, coming to rest in the fast lane.

What happened following the collision with the center divider was not completely clear. According to reports in the Fresno Bee, officers believe Naranjo and another passenger got out of the vehicle. The car, with three other passengers in the rear seat, was then struck by another northbound vehicle, driven by Carlos Munoz, of Watsonville. The three passengers in the rear seat then got out of the vehicle.

Next, officers believe Naranjo's vehicle and one of her passengers, Guadalupe Regalado, 21, were struck by a northbound tractor-trailer. Regalado, of Turlock, died at the scene of the crash. Two other passengers suffered major injuries, and another passenger suffered minor injuries. All were taken by ambulance to Community Regional Center in Fresno. Munoz and his passenger were not hurt. Naranjo and the 53-year-old driver of the big-rig truck were also not injured in the accident.

Continue reading "Passenger Killed in Highway 99 Accident Involving Tractor-Trailer in Fresno " »

In cooperation with U.S. Consumer Product Safety Commission, Sagittarius Sporting Goods announced a recall of about 10,000 Master Forge Five-Burner Gas Grills sold at Lowe's stores nationwide from September 2009 through November 2009, for about $500.

The recall was announced because the flexible rubber hose on the LP gas tank can come into contact with burner box, causing the hose to melt and rupture when the grill is lit. This poses a potentially very serious fire and burn hazard to consumers. Sagittarius has already received several reports of the hose melting and rupturing. The grill, manufactured in China and imported by LG Sourcing Inc., of North Wilkesboro, N.C., have the name "Master Forge" on the grill hood, and the model number L3218 is located on a label inside the left front door of the grill.

The CPSC advises consumers to immediately stop using the recalled grills and contact Sagittarius at (800) 444-6742 to obtain a free repair kit. More information can also be found on the CPSC web site.

Continue reading "About 10,000 Gas Grills Sold at Lowe's Recalled Due to Fire and Burn Hazards" »

Nine people were hurt early Tuesday, January 5, 2010, when a San Francisco Municipal Railway bus collided with a small truck shortly after midnight. The bus accident occurred near 18th Street and De Haro Street. The collision forced the bus off the roadway and into some nearby bushes.

Seven people were taken to a nearby hospital with moderate to serious injuries, including the driver of the inbound Polk-19 bus. The driver of the truck, who suffered serious injuries, was pinned in his vehicle and had to be extricated by rescue crews. The cause of the crash is under investigation by Muni officials and the San Francisco Police Department. Muni officials have not yet commented on the San Francisco Municipal Railway bus crash.

Thankfully, everyone survived this crash, and hopefully, everyone involved will fully recover from their injuries. Based on the initial reports in the San Francisco Chronicle, it is impossible to tell what caused this collision, why the bus and the truck collided. Was there something mechanically wrong with the bus, or did the driver suffer a medical condition? Was the driver of the other truck drunk, reckless or negligent? Was the bus driver distracted or negligent on his part? The investigation will hopefully answer these questions and determine what caused this accident.

Continue reading "Nine People Hurt in San Francisco Muni Bus Crash " »