California Injury Lawyer Blog

Two caregivers, a 30-year-old man and a 22-year-old woman, were arrested in connection of the death of an elderly man at Summit Medical Center in Oakland early Wednesday, March 31, police reported. The 79-year-old man, who lived in West Oakland, was brought the hospital Tuesday evening where doctors determined he suffered from some form of abuse.

He died around 3 a.m. Wednesday. The two caregivers, who were not identified, were arrested on suspicion of elder abuse, but may face more serious charges pending the investigation.

According to reports in the San Francisco Chronicle, police were trying to determine if the two people caring for the man were licensed caregivers. Another elderly person had previously cared for the elderly man, but when that person fell ill and was no longer able to care for him, the younger man and woman took over as his caregiver. Their relationship to him was not immediately known

Elder Abuse and Wrongful Death

The family of the poor man who died would be well advised to consult with a California elder abuse attorney as soon as possible. Caregivers who neglect and abuse senior citizens, whether at nursing homes or in private homes, must be held accountable. In addition to criminal charges against the caregivers, the family may also hold them accountable in a civil claim for elder abuse and wrongful death. If the two people arrested were employed by an agency, that agency may also be held accountable.

Continue reading "Two Caregivers Arrested After Death of Elderly Oakland Man " »

A 32-year-old Lodi man died at the Carnegie State Vehicular Recreation Area Sunday afternoon, the California Highway Patrol reported. The man was riding a Yamaha dirt bike motorcycle with his daughter at about 2:50 p.m. when the accident occurred. Ahead of the trail uphill, a 16-year-old boy on an ATV stopped to help another rider. His ATV rolled downhill and struck the Lodi man on his motorcycle. He died at the scene of the accident before park rangers and the Alameda County Fire Department arrived. His daughter, who was riding a separate vehicle, was not injured.

This heartbreaking accident is a tragic reminder of the dangers of off-road vehicles. Our sympathy goes out to the family of the man who died in this accident and everyone who knew and loved him. Please keep his family in your prayers.

Based on the news reports of this incident, it is not clear exactly how this accident occurred. It is possible that the 16-year-old was inexperienced and caused this accident. It is also possible that the ATV brakes malfunctioned and caused the vehicle to roll down the hill. Without more information, it is impossible to determine what happened and who was responsible. Hopefully the CHP investigation will answer some of these questions. Although this incident is still under investigation, the family of the man killed would be well-advised to consult with a California wrongful death attorney as soon as possible. An attorney can help the family of the man killed in this accident protect their rights and determine whether they may be eligible to compensation for their loss in a wrongful death claim.

Continue reading "Lodi Man Killed in Accident at Carnegie State Vehicular Recreation Area " »

A rear-end collision between a car and a FedEX Ground big rig truck on Interstate 80 early Tuesday morning left one person dead, the California Highway Patrol reported. The March 30, 2010 accident occurred at about 1:30 a.m. near West A Street in Dixon. One person in the car died in the accident and another person suffered major injuries and was taken to UC Davis Medical Center.

According to reports by News 10, the car collided with the big rig, which was parked on the shoulder of the freeway. It was not clear based on limited news reports whether the truck was legally parked, and whether the truck driver had set out safety reflectors. The family of the person killed in the accident and the person seriously injured would be well advised to talk to a California truck accident lawyer. If the big rig was parked illegally on the side of the freeway, the family may be entitled to compensation from the trucking company and the driver for being partially at fault. If the truck was legally parked, the driver of the car may be liable to the truck driver and trucking company for the damage and any injuries sustained by the truck driver.

The California injury lawyers at Estey Bomberger have handled a number of major injury and wrongful death accident claims against delivery truck companies such as UPS and FedEx, as well as accidents involving illegally parked big rig trucks. If you would like more information about your legal rights in an illegally parked semi truck claim, contact Estey Bomberger to discuss your case with an attorney.

Continue reading "One Killed in Crash Involving FedEx Big Rig on Interstate 80 in Solano County " »

Two people were killed Sunday, March 28, 2010 in a SUV rollover accident on southbound Interstate 15, the California Highway Patrol reported. The accident occurred at about 7 p.m., north of State Highway 138 in the Cajon Pass. According to a statement released by the San Bernardino County Sheriff-Coroner's Department, officers responding to reports of the accident found the red 2001 Ford Explorer overturned in a ravine on the west side of the freeway. Witnesses said the Ford Explorer was travelling at between 60 to 65 mph in the #1 lane of I-15 when, for unknown reasons, the SUV veered across all lanes of traffic and overturned multiple times. The victims were identified as George Perry, 58, of Rancho Cucamonga, the passenger, and Clara Perry, 59, also of Rancho Cucamonga, the driver. Both died at the scene of the crash.

Fatal Rollover Accidents in Southern California

This heartbreaking accident serves as another reminder of the potentially deadly consequences of SUV rollovers at highway speeds. Sadly, this accident is only one of many fatal SUV rollovers in Southern California this year. Just last Tuesday, two teens were killed in a SUV rollover on Interstate 5 involving a 2003 Nissan Xterra. Earlier this month, on March 21, 2010, a 46-year-old San Bernardino woman was killed in a solo-vehicle SUV rollover on southbound I-15 near Kenwood Drive. That accident was attributed to a tire blowout. Last December, a 24-year-old man was killed in a rollover accident on northbound Interstate 15 in Barstow.

Ford Explorer Rollovers & Liability

In February, a jury in West Valley Superior Court returned a 12-0 verdict ordering Ford Motor Company to pay $23.5 million to a woman paralyzed after a 1997 Ford Explorer rollover accident on March 23, 2007. At trial, jurors saw evidence Ford knew of the safety issues, and that engineers had made recommendations to improve vehicle safety, but management turned down recommendations. Ford has paid out hundreds of millions to victims and their families injured or killed in Ford Explorer rollover accidents.

Although this most recent Interstate 15 accident is still under investigation by the California Highway Patrol, the family of the two people killed in the Cajon Pass accident would be well advised to consult with a California SUV rollover accident lawyer about their legal rights. An attorney who has successfully handled large damage cases against major automakers can help the family obtain justice for their loss and hold the parties responsible accountable to the maximum extent.

Did you know that common renovation activities like sanding, blasting, and scraping walls can create health hazards by disturbing lead-based paint? In April 2008, the Environmental Protection Agency (EPA) enacted a rule aimed at protecting children from the dangers of lead based paint. The rule officially goes into effect on April 22, 2010. The rule may affect you if you live in a home built before 1978, own or operate a childcare facility built before 1978 (including preschools and kindergarten classrooms), or if you have a child under six who attends a child care facility built before 1978.

Facts About Lead Based Paint

• Lead-based paint was used in more than 38 million homes. It was banned for use in residential homes in 1978.

• Lead can affect children's brains and developing nervous systems, resulting in learning disabilities, reduced IQ, and behavioral problems. Lead is also very harmful to adults, but children under six years old are most at risk for lead poisoning.

• Inhaling dust is the most common way people are exposed to lead. Lead dust is often invisible.

• Renovation projects that disturb lead-based paint can create dust and health hazards for your family.

For more information about the health effects of exposure to lead, visit the EPA lead website at www.epa.gov/lead/pubs/leadinfo.htm or call 1-800-424-LEAD (5323).

What is the New RRP Rule?

Under the EPA's New Renovation, Repair and Painting (RRP) Rule, renovators must provide homeowners, tenants, childcare facilities, and the families of children under the age of six that attend those facilities this Renovate Right Brochure before starting renovation activities. The rule applies to activities involving "six square feet or more of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects in housing, child care facilities and schools built before 1978." Child-occupied facilities are defined as commercial, public or residential buildings where children under age six are present on a regular basis. The rule also requires renovation and painting contractors and other trades who work in pre-1978 housing and might disturb painted surfaces to become Lead Certified Renovators by taking a 1 day course using lead safe practices.

Children Are Most At Risk

Children under six years old are the most at risk for lead poisoning because their bodies are sensitive to smaller amounts of lead than adults. Exposure can cause permanent damage and irreversible injury. Some of the permanent side effects of lead poisoning in children may include brain damage, ADD, hyperactivity, and learning disabilities. Early symptoms may including persistent hyperactivity or tiredness, loss of appetite, irritability, reduced attention span and difficulty sleeping. In some cases, the damage may not be apparent until many years after lead exposure. Diagnosis may not be made without medical testing. If you suspect lead poisoning in your child, see a doctor right away.

Continue reading "Lead Paint & Children: Understanding the EPA's New Renovation, Repair and Painting (RRP) Rule and How It Affects You " »

An injured paraglider was rescued after crashing into a slope near the Juniper campground in Mount Diablo State Park, authorities reported. Fire crews in the San Ramon Valley Fire District responded to the paragliding accident, which was reported shortly before 2 p.m. Wednesday. The man was flown by helicopter to a nearby hospital, and is expected to survive. The cause of the accident is under investigation. The man's level of experience paragliding was not known.

Have you or someone you know been injured in a skydiving, parachuting or paragliding accident? If your recreational accident was caused by equipment malfunction, you may be entitled to compensation for your injuries. Call the experienced defective product lawyers at Estey Bomberger for a free consultation. Learn more at www.estey-bomberger.com, or call us at (800)724-3817 for a free, no-obligation consultation.

A Roseville woman pushing a car that out of gas was struck and killed by a 1993 Jeep Grand Cherokee Monday night, authorities reported. The Placer County accident happened in the northbound direction of the Foothills Boulevard overpass between Roseville Road and Denio Loop, shortly after 7 p.m. The victim, Dawn Rachael Nelson, 34, of Roseville, was pushing the 1990 Nissan Maxima when she was struck from behind by the jeep, driven by a 17-year-old Antelope boy. Nelson was taken by ambulance to Sutter Roseville Medical Center where she died. It was not clear whether the other two people helping push the disabled car were injured or not. The Roseville Police Department's Major Accident Investigation Team is working to determine the cause of the accident.

Our sympathy goes out to the family of Dawn Nelson and everyone who knew and loved her. Please keep her family in your prayers.

Who Was At Fault?

Based upon the limited news reports of this tragic accident, it is not evident why the teenager struck Nelson. Was he distracted or speeding? Police did not say whether drugs or alcohol were a factor in the accident, or whether the teen driver was cited or arrested. In fatal pedestrian accidents such as this one, an experienced California wrongful death attorney could help the victim's family protect their legal rights and hold the negligent parties responsible for their loved one's wrongful death. An attorney can stay on top of the investigation and help the family handle insurance matters, and ultimately help them obtain the damages they are entitled to for their heartbreaking loss.

Continue reading "Woman Pushing Disabled Vehicle Struck and Killed by Teen Driver " »

A 57-year-old Rohnert Park man was critically injured when he was struck in a marked crosswalk near the Larkfield Shopping Center, authorities have reported. The Sonoma County pedestrian accident occurred shortly before 10:30 a.m. on Thursday, March 18th. The victim was walking eastbound across Old Redwood Highway when he was truck by a red Cadillac sedan. The man, identified as Thomas Wandrey, made a large depression the Cadillac's windshield, and then was thrown 75 feet north of the crosswalk. He remained conscious at the scene but was taken to Santa Rosa Memorial Hospital with very serious injuries.

A Dangerous Intersection?

The driver of the Cadillac, an 85-year-old Hidden Valley Resident, told CHP officers he did not see the victim in time to stop. It is not known how fast he was driving. According to an article in the Santa Rosa Press Democrat, the crosswalk where the accident occurred is "described by neighbors as a treacherous path long in need of a signal light." According to the newspaper account of the accident, witnesses, neighbors and members of the nearby Rincon Valley Fire Station said "motorists routinely exceed the posted 35 mph speed limit and often honk or yell at pedestrians in the crosswalk as if they didn't belong there."

Fault & Liability Issues

The family of the man critically injured in this Santa Rosa pedestrian accident would be well-advised to consult with an experienced California pedestrian accident lawyer as soon as possible. An attorney can help the injured man protect his rights and recover compensation for the very serious injuries he sustained in this accident. This starts with a thorough review the police report, gathering of witness statements, and further review of other incidents at the same location. Even if the driver is not cited for the pedestrian accident or charged for negligent driving, he may still be held liable and financially accountable in a civil claim.

Continue reading "Rohnert Park Man Seriously Injured in Sonoma County Pedestrian Accident" »

A Pacific Gas & Electric employee of almost five years was killed Wednesday in an electrical vault accident in Benicia, authorities reported. The Solano County electrical accident occurred shortly before 10 a.m. in an underground vault at Panorama Court and Panorama Drive in Benicia. According to KTVU News, fire officials in the area said they immediately dispatched rescue vehicles after receiving reports of a male employee being electrocuted in the vault, which contains 12,000-volt power lines.

The victim was identified as Maximiliano Martinez, 26, a general construction lineman who worked out of the Calistoga yard. Martinez was upgrading a transformer in the vault when the accident occurred. Three other men in his crew were with him, but Martinez was the only one inside the vault when he was electrocuted. He died at the scene.

Our deepest sympathy goes out to the family of Max Martinez and everyone who knew and loved him. Please keep his family and close friends in your thoughts and prayers.

What Caused This Accident?

Based on the news accounts of the incident, it is not clear why the accident occurred. Both PG&E and CalOSHA stayed on the scene to investigate the fatal workplace accident. Authorities will likely surely talk to the other employees at the scene and see of there was equipment malfunction and whether Martinez was trained in the operation of the equipment he was using. In such a fatal workplace accident, it is important to determine if a death is caused by someone else's negligent actions, or a defective piece of equipment.

Compensation and Third Party Claims

Although the victim's family will likely receive worker's compensation benefits from PG&E, these benefits may not sufficiently compensate the family for their loss. The family may consider speaking to a wrongful death lawyer about whether they may be entitled to compensation in a third party claim (a claim against a party other than the victim's employer). An experienced California workplace injury attorney could help the victim's family understand their legal rights, options and obligations to ensure they recover fair compensation for their devastating loss.

Continue reading "PG&E Worker Killed in Electrocution Accident in Benicia " »

A man crossing a Sacramento intersection in an electric three-wheeled scooter died after he was struck by a car Monday night, the CHP reported. The accident occurred just after sunset at around 7:35 p.m. According to reports in the Sacramento Bee, the man was crossing Watt Avenue at Timberlane Place when he was struck by a vehicle going northbound on Watt Avenue. The victim was identified as Reginaldo E. Rios, 58, of Antelope. He was thrown from his scooter and died at the scene. The driver, who did not see the man, was not arrested.

Monday night's accident was the second fatal pedestrian accident involving a person in a motorized wheelchair in one week. A 66-year-old man was killed crossing Norwood Avenue last Tuesday evening when he was struck by a driver who did not see him.

Although the driver that struck Rios was not arrested, the family of the victim may still hold him accountable for his negligence in a wrongful death claim. While this accident remains under investigation, the family may consider speaking with a Sacramento pedestrian accident lawyer about their legal rights in a wrongful death claim. An attorney can consult an accident investigator to determine if another driver's negligence, or even a roadway defect such as poor illumination at the intersection, caused or contributed to this accident. Once the cause of the accident has been identified, a lawyer can help the family hold the responsible party accountable for their loss.

Continue reading "Pedestrian in Wheelchair Fatally Struck in Sacramento " »

An accident early Thursday morning on Interstate 805 in San Diego triggered a number of collisions on the freeway, sending five people to the hospital. According to the California Highway Patrol, the collisions occurred on the southbound side of the freeway, just before 2 a.m., north of Market Street. Following the crash, two people were taken to UCSD Medical Center, two others were taken to Sharp Memorial Hospital, and a fifth person was taken to Scripps Mercy Hospital.

Further information about the cause of the crash and the extent of the victims' injuries was not immediately available. It is not known if alcohol was a factor in any of the collisions. We hope everyone injured in this accident fully recovers, and that their injuries are not too severe.

Multiple vehicle collisions can be complex insurance claims. More than one party may be responsible for a crash, and victims may have to communicate their situation to multiple insurance companies, and still may not receive the compensation they're entitled to. The victims hurt in this accident would be well advised to consult with a San Diego car accident lawyer about their legal rights following this accident. An experienced attorney can help them understand what types of compensation they may be entitled to, and who is responsible for their injuries.

Last week, a Superior Court jury in Sacramento awarded $24.3 million in damages to an Oregon girl who was run over by her father's big rig truck in 2004, the Sacramento Bee reported March 9th. The jury verdict to determine monetary damages came after a judge found the father's employer, Freeway Transport Inc., liable for the girl's injuries on December 14, 2009. In his decision, the judge determined that the defendant was listed on the shipper's bill of lading as the carrier, and the carrier had insured the load.

Diana Yuleidy Loza-Jimenez, who was 14 at the time, suffered catastrophic injuries on Novenber 27, 2004, when she got caught under the rear wheels of her father's truck near Mount Shasta. The accident occurred when Loza-Jimenez accompanied her father and mother on a Thanksgiving weekend long-haul trip from Hermiston, Oregon to Bakersfield, CA. While getting back into the truck after stopping for a break on the trip, she became caught in the wheels of the truck. Loza-Jimenez suffered severe injuries to her lower body, and she faces at least a dozen future surgeries, including a possible hip replacement.

Before the damages portion of the trial was decided, the judge ruled from the bench to exclude the jury from knowing it was the victim's father who accidently ran over her. Following a 13 day trial to decide damages, the jury awarded $24.3 million to the victim, including $2.2 million for the girl's past medical expenses, including $1.6 million in costs incurred at Shriner's Children's Hospital, plus $2.1 million for future economic damages, $8 million for past pain and mental suffering and $12 million for future noneconomic losses.

Continue reading "Sacramento Jury Awards $24.3 Million to Girl Run Over By Father's Truck " »

A pedestrian was fatally struck in downtown Redding on Monday evening, authorities reported. The accident occurred at about 6:25 p.m. March 8th at East Street & Placer Street. The victim was identified by the Shasta County Coroner's Office on Tuesday as Kelly Jean McCoy, 36, of Redding. McCoy was crossing East Street when she was struck by an SUV turning left from eastbound Placer Street onto northbound East Street when the collision occurred. The driver of the SUV, a 45-year-old Palo Cedro woman, was questioned at the scene and released. According to the Redding Record Searchlight, it was pouring rain at the time of the incident, so visibility was likely reduced.

Please keep the family of Kelly Jean McCoy in your prayers. Our sympathy goes out to everyone who knew and loved her as they grieve this sudden and unexpected loss.

It is not yet known if alcohol was a factor in the crash, or if the pedestrian was in a crosswalk when she was struck. While this fatal pedestrian accident remains under investigation, the family of the victim may consider consulting with a California wrongful death attorney about their legal rights. Even though the driver that struck her was not cited at the scene, she still may be held accountable for the victim's death in a civil wrongful death claim. An attorney can review the circumstances of the accident and determine if the family may be entitled to compensation for their loss from the driver or any other responsible party.

Continue reading "Redding Woman Killed While Crossing Street in Downtown Redding " »

The wife, son and daughter of a cyclist killed in a bicycle accident last August in Baltimore have filed a civil wrongful death lawsuit seeking $5 million in damages from the driver of the truck that allegedly ran over the cyclist, and his employer. The accident was a hit-and-run, but was caught on camera by nearby surveillance tape.

According to the Maryland attorney representing the victim's family, the truck driver and his employer, a demolition, excavation and equipment rental company, were negligent because the driver turned without signaling or making sure traffic was free of cyclists or pedestrians. The attorney also contends that the victim, John R. "Jack" Yates, 67, was not at fault because he was staying with the flow of traffic, as far to the right as possible. Police investigators contended that Yates was at fault for riding in parking lanes.

An attorney for the truck driver's employer said the vehicle that struck Yates was not a company truck, and that testing of blood and hair found on the truck returned "inconclusive" results. The truck did not stop after the accident, and investigators believed the truck driver was not even aware that he had run over Yates.

Yates' death was a factor in the passing of a law in the Senate requiring motorists to stay three feet away from cyclists in Maryland.

The humerus is the upper arm bone, the bone between the shoulder and the elbow. Humerus fractures are common injuries in auto accidents, slip and fall accidents, bicycle accidents, motorcycle accidents and pedestrian accidents. There are three general types of humerus fractures:

• Proximal Humerus Fracture: A break in the humerus near the shoulder joint that may involve injury to rotator cuff tendons.


• Mid-Shaft Humerus Fracture: A break in the humerus in the middle of the bone, away from the elbow and shoulder joints.


• Distal Humerus Fracture: A break in the humerus bone near the elbow joint. This type of fracture is much more common in children than adults.

The majority of humerus bone breaks heal on their own with immobilization in a sling or a cast, without the need for surgery. If the break displaces the bone, surgery may be required. Fractures near the shoulder or elbow joints are much more likely to require surgery than fractures in the middle of the bone.

Compensation for Humerus Fracture Injuries

If you sustained a humerus fracture in an accident that was caused by someone else's negligence, or if your child sustained a humerus fracture in an accident resulting from another party's negligent supervision, you may be entitled to compensation. At Estey & Bomberger, our attorneys have successfully recovered millions in verdicts and settlements for victims of broken bones and other serious injuries. If you would like more information about your legal rights following a humerus fracture, contact us anytime at (800)724-3817 for a free consultation.