California Injury Lawyer Blog

The family of Tahir Sheikh Fakhar, who fell to his death on the Bay Bridge S-curve (part of Interstate 80) on November 9, 2009, has filed a wrongful death claim against the state of California and Caltrans (the California Department of Transportation). The state has 45 days to respond to the claim, which seeks unspecified damages. It is the first step in a lawsuit against the state on behalf of Fakhar's widow and two sons.

According to ABC 7 News in San Francisco, the victim's family is claiming three things in respect to the accident: (1) Caltrans failed to warn drivers by not having adequate warning signs posted; (2) the S-curve was faultily and poorly designed; and (3) the three-foot guardrail was too short. Fakhar's big rig was 12-feet high, and plunged 200 hundred feet to Yerba Buena Island. Fakhar died immediately.

Although an official report has still not been released, the California Highway Patrol has maintained that Fakhar was driving too fast at the curve, going 50 mph instead of 35 mph, when the crash occurred at 3:30 a.m. on November 9. From the time the S-Curve was opened in September until Fakhar's accident in November, there were more than 40 crashes on the curve. Fakhar's accident was the first fatality.

Since the accident, Caltrans has installed warning signs and rumble strips, and stepped up patrols in the area.

Continue reading "Family of Trucker Killed on Bay Bridge Files Wrongful Death Claim" »

In their latest recall announcement, Toyota Motor Corp announced a voluntary safety recall to upgrade the software in the stability control system in about 50,000 early 2003 model year Toyota Seqouia sport utility vehicles. According to the automaker, the recall is necessary because "In limited situations, the Vehicle Stability Control (VSC) system could activate at low speed (approximately 9 mph) for a few seconds after acceleration from a stopped position. As a result, the vehicle may not accelerate as quickly as the driver expects." Toyota says it has received no reports of injuries or accidents related to the stability control issue, and believes the vehicles are safe to drive until they can be repaired.

Toyota will being notifying owners of the recall and making free repairs starting in late May. Apparently, Toyota discovered the issue seven years ago in 2003, and published a technical service bulletin then. The NHTSA started probing the issue in late 2008. If you own one of these vehicles and would like more information, contact Toyota at 1-800-331-4331. If customers have paid to have the problem fixed, Toyota is offering a refund.

In the last seven months, Toyota has issued about 10.5 million recall notices, the LA Times reported today.

Toyota Recall Attorneys

When automakers, in pursuit of profits, cut corners that jeopardize the safety of their customers, they must be held accountable. The auto defect attorneys at Estey Bomberger fight for the rights of victims injured or killed by defective cars, trucks, vans and SUVs. If you have been hurt or lost a loved one in an accident involving a defective or recalled automobile, contact Estey Bomberger for more information and a free consultation of your legal rights in a personal injury or wrongful death claim.

Continue reading "Toyota Announces Recall of 50,000 Sequoia SUVs To Fix Stability Control Software" »

A man died Tuesday morning and three others were injured in a horrific chain-reaction crash on River Road in Santa Rosa, authorities reported. The accident occurred at the intersection of River Road and Sommers Street at about 10:25, and involved a Nissan Sentra, a Toyota Tercel, and a Lexus.

The Nissan Sentra was heading west on River Road and stopped to turn left onto Sommers Street. Behind the Nissan was the Toyota Tercel driven by Linden Reed, 20, of Guerneville. According to the Santa Rosa Press Democrat, Reed had looked down to adjust his radio and did not see the stopped Sentra until it was too late to avoid the collision. The impact from the Toyota Tercel striking the Nissan Sentra pushed the Sentra into eastbound lanes of River Road. A eastbound Lexus then struck the Nissan, killing the passenger, who was not identified.

After the accident the driver of the Nissan, who was bleeding profusely and seriously injured, ran about a half mile away into a nearby vineyard. CBS News reported that it was unclear why the driver, who was not identified, ran away from the scene since he was not at fault. Sheriff's deputies found him about 30 minutes after the crash and he was taken to Santa Rosa Memorial Hospital with reportedly life-threatening injuries. His actions and why he fled the scene are under investigation.

The driver of the Lexus, a 30-year-old Santa Rosa woman and her 13-year-old son both suffered moderate injuries and were taken to Memorial Hospital. Reed, the driver of the Tercel suspected of causing the rear-end collision that pushed the Sentra into the intersection, was not injured. River Road was closed between Fulton Road and Laughlin Road while the cause of the accident was investigated.

Fault and Liability Issues

The cause of this April 27th Sonoma County crash is still under investigation. However, if the news reports of the incident are accurate, the driver of the Tercel caused the accident, as he reportedly admitted to law enforcement that he was distracted by the radio in his car. It is possible that the driver of the Lexus was partially at fault if she was speeding, but there is nothing to indicate that based on news reports. While this accident is still under investigation, it would be in the best interests of the families of the two men in the Sentra and the mother and son in the Lexus to contact an experienced California auto accident lawyer about their legal rights to compensation in a personal injury or wrongful death claim as a result of this accident. An attorney can advise the victims of their best course of action following this accident, and explain their legal options, rights and responsibilities.

Continue reading "One Killed, Three Others Injured in Three-Car Crash on River Road in Sonoma County " »

The Boston Globe reported today that investigators at the National Highway Traffic Safety Administration (NHTSA) has received two complaints about an accident on October 12, 2009 that killed four people, including three in a Toyota Highlander. The NHTSA will inspect to the vehicle to see if sudden unintended acceleration was a factor in the crash.

According to the Globe, a nearly 160 page report of the accident by local law enforcement could not identify the cause. The victims of the accident included Harvard professor and medical researcher Stephen Lagakos of Wellesley; his wife Regina; and his mother, Helen. The driver of a Chevrolet that the Highlander crashed into head-on was also killed. Next month, the NHTSA will dispatch a team to Massachusetts to inspect the Highlander, which is currently being stored in a salvage yard.

In a statement made to the Globe yesterday, Toyota said, ""Toyota sympathizes with the individuals and families involved in any accident involving our vehicles. We are making an all out effort to ensure our vehicles are safe and we remain committed to investigating reported incidents of unintended acceleration in our vehicles quickly.'' Read the full story here.

One person died and five people were injured April 25th in a crash on Interstate 15, the San Bernardino County Sheriff-Coroner reported. The CHP received a wireless 911 call reporting the accident at 2:38 p.m, on Sunday afternoon The crash, which occurred about 10 miles from the Nevada/California border, involved two vehicles, a 2006 Lexus and a 2000 GMC Safari Van. According to reports in the Desert Dispatch, the Lexus, driven by Diana Wu, 62, of Laguna Woods, travelled across northbound lanes, through the median and into the southbound lanes of I-15. There the Lexus was struck by the GMC Safari van on the passenger side. The GMC Safari van was estimated to be going about 65 mph.

The front seat passenger of the Lexus, Chungho Wu, 62, of Laguna Woods, died at the scene of the crash. Diana Wu suffered major injuries and was taken by helicopter to University Medical Center in Las Vegas. The driver and three passengers in the van were taken to University Medical Center by ambulance.

What caused this accident?

The cause of the April 25th I-15 accident remains under investigation by the California Highway Patrol, and at this point, there are more questions than answer as to why the accident happened. Was there a mechanical problem the Lexus, such as a sudden unintended acceleration or tire blowout? Or did the driver swerve suddenly to avoid something in the roadway? Or was the driver simply distracted? Based on the limited information provided in news reports, it is impossible to tell what happened and why the driver of the Lexus lost control of her vehicle.

While the accident is under investigation, the families of the victims in both vehicles would be well-advised to speak to a California auto accident lawyer familiar with the unique legal issues of Interstate 15 accidents. If a defect in the vehicle or hazardous roadway condition caused this accident, the victims may be entitled to compensation for their injuries or the wrongful death of a loved one from the negligent party.

Continue reading "One Person Killed, Five Injured in I-15 Crash in Nipton " »

Increasing numbers of cancer patients are receiving a type of radiation therapy known as IMRT (intensity modulated radiation therapy). This relatively new type of therapy is substantially different from standard linear accelerator radiation therapy and has been used since the 1990's. It has been hailed as a "breakthrough" in radiation treatment for mesothelioma, prostate cancer, breast cancer, thyroid cancer, lung cancer, gastrointestinal and gynecologic malignancies and other types of cancer. However, not everyone has benefited from IMRT therapy, and some patients have been seriously harmed when the target is missed, the wrong dose is given, or the wrong patient is treated.

How IMRT Therapy Works Works

The concept and intention behind IMRT therapy sounds good, but critics believe the complex technology may be getting ahead of basic safety protocols. With IMRT therapy, the radiation oncologist can target the tumor and completely avoid radiating normal, healthy cell tissue. Using a 3-D CT scan and computerized doze calculations, IMRT essentially allows higher doses of radiation to be focused on the tumor, while minimizing the amount of radiation to healthy tissue. IMRT utilizes complex algorithms that determine a dose based on a three-dimensional image of a tumor. The treatment is administered by a team led by a radiation oncologist, a physician specially trained to develop and prescribe a cancer patient's treatment plan, and adjust treatment as necessary.

Problems with IMRT Therapy

In January 2010, the New York Times told the story of Scott Jerome-Parks, a 43-year-old man who died in 2007, several weeks after a computer error in a radiation therapy machine blasted his brain stem and neck with errant beams of radiation on three separate occasions (see "Radiation Offers New Cures, and Ways to Do Harm"). There are a number of problems with IMRT therapy, from the way radiation oncologists are taught to implement the treatment to the unstable software that runs the machines. According to the Times, "while this new technology allows doctors to more accurately attack tumors and reduce certain mistakes, its complexity has created new avenues for error -- through software flaws, faulty programming, poor safety procedures or inadequate staffing and training." In New York, from January 2001 to January 2009, there were 621 radiation mistakes (see statistics).

Serious Consequences for Patients

The risks of radiation can be likened to the risks of other invasive procedures like surgery or chemotherapy. Mild radiation burns are comparable to a sunburn, but serious radiation injuries can cause organ failure or death. There are no concrete statistics on how often radiation overdoses or radiotherapy accidents occur. Some of these accidents are on a clerical level; the New York Times mentioned 50 instances where patients received radiation treatment intended for another patient, including a brain cancer patient who received radiation treatment intended for someone with breast cancer.

Radiation Injury Lawsuits

In the vast majority of cancer patients, radiation therapy is beneficial. However, in a number of situations, radiation therapy has gone horribly wrong, causing disastrous consequences to the patient. The lawyers at Estey Bomberger have handled a number of overradiation cases involving CT scan overradiation and overexposure, and we are closely monitoring overradiation cases involving IMRT radiation therapy. If your or a family member has been subject to a radiation injury, or negative IMRT side effects following any type of radiation cancer treatment, contact us for more information and to discuss your potential case.

Continue reading "IMRT Radiation Therapy Injury Cases " »

The luxury German automotive manufacturer Porsche has announced it is recalling certain 2010 Panamera models to fix an issue with the seat belts, Edmunds reported today. According to the recall summary on the National Highway Traffic Safety Administration (NHTSA) website, "Porscche has notified NHTSA of a defect in certain model year 2010 Panamera S, 4S and turbo 4-door sedan. If the front seats are adjusted towards an extreme position, resulting in unfavorable tolerance of the mating components, it is possible that the function of the locking mechanism of the seat belt mount can no longer be guaranteed. The seat belt mount could detach from the anchoring system when the seat belt is fastened or opened."

According to the NHTSA, the consequences of the defect are in the event of a crash, the seat belt may not provide adequate protection for the occupant, which may increase the risk of injury or death.

To fix the problem, dealers will install an additional locking element free of charge. Porsche recall no. AA01 includes certain Panamera S, Panamera 4S, and Panamera Turbo models. Edmunds Inside Line reported the recall affects 3,176 vehicles. For more information, contact the NHTSA's vehicle safety hotline at 1-888-327-4236, or contact Porsche at 1-800-545-8039.

If you have been involved in a crash due to a recalled vehicle, contact the attorneys at Estey Bomberger for more information and a free consultation about your legal rights to compensation from the vehicle's manufacturer.

Continue reading "Porsche Recalls Some 2010 Panamera Models for Defective Seatbelts " »

Authorities are investigating the cause of a crash that injured four people in Tehama County Thursday afternoon. The head-on collision occurred around 2:35 p.m. on Highway 99E, near Ninth Avenue, and involved a northbound Honda Civic driven by Steve Capps, 32, of Red Bluff, and a southbound Toyota Tacoma driven by Heidi Harmon, 31, of Roseville.

Although the cause of the Los Molinos area crash is under investigation, authorities believe that Capps' vehicle drifted into southbound lanes, causing the collision. The impact caused the Toyota Tacoma to overturn and come to rest on its side on the west side of the Highway. Capps suffered serious injuries and was flown to Enloe Medical Center in Chico. Harmon and her two minor daughters were taken by ambulance to St. Elizabeth Community Hospital in Red Bluff. A Pomeranian puppy in the Tacoma thought to be missing after the crash was found by an investigator in a nearby orchard.

Personal Injury Liability and Fault Issues

If the news reports in the Red Bluff Daily News and Corning Observer are accurate, the driver of the northbound Honda Civic likely caused this crash by allowing his vehicle to drift into southbound traffic. Why this happened is not clear, and authorities will investigate whether he was under the influence of alcohol, or if he was distracted, fell asleep, or experienced a mechanical problem with his vehicle, such as a tire blowout.

While this crash remains under investigation, the family of the victims hurt in the Toyota Tacoma would be well-advised to speak to a California personal injury attorney about their legal rights following this Highway 99 head-on collision. An attorney can explain their legal rights to compensation for their injuries related to this accident, including all medical care expenses, any lost earnings or wages, and pain and suffering.

Continue reading "Four Injured in Head On Crash on Highway 99E " »

A 23-year-old Sacramento man tragically died early Sunday morning after he was struck by an SUV while riding his bicycle on Howe Avenue. The accident happened on the Highway 50 overpass at around 3:40 a.m. Sunday, April 18th. According to reports by News 10, the driver of the SUV told authorities she didn't see the victim, who has been identified by the Sacramento County Coroner as Todd Christopher Mendon. The driver reportedly pulled over thinking that she had possibly struck something in the road.

Officers who arrived at the scene moments after the crash performed CPR but were unsuccessful. Mendon, who had been riding north on Howe, died at the scene of the crash. The cause of the accident is ongoing, and authorities do not believe that the driver was under the influence of alcohol. It is not clear whether the cyclist was wearing a helmet or any reflective gear in this early morning accident.

Fault and Liability Issues

Based on the news reports, authorities have not determined if the driver of the SUV was at fault for this accident. Simply because she did not see the cyclist does not mean she was not or could not be found at fault. If it is determined that she was driving her vehicle in the bike lane, or speeding, or for any other reason should have seen the cyclist, she may be found responsible. Hopefully the investigation by law enforcement will reveal exactly how this tragedy occurred.

If the driver is found at least partially at fault, the family of the young man on the bicycle may be entitled to compensation for their loss in a wrongful death claim against the driver. While this accident is still under investigation, the family of the victim may benefit from speaking to a California bicycle accident lawyer who is experienced in handling wrongful death claims involving fatal bike accidents, especially accidents like this one that occur at night, when visibility is greatly reduced.

Continue reading "Cyclist Killed in Early Morning Accident on Howe Avenue in Sacramento " »

A woman who was killed in a crash on Foresthill Road Monday morning has been identified as Pamela Jean Hawkins, 52, of Foresthill, the Sacramento Bee reported Wednesday. The fatal Placer County crash happened at about 7 a.m. April 19th on Foresthill Road near Happy Pines Drive. According to CHP reports, the crash involved a GMC Acadia SUV driven by Graciela Mata, 56, of Foresthill, and a Chrysler Sebring, driven by Hawkins.

Although the cause of the crash is still under investigation, authorities believe Hawkins' white Sebring drifted into westbound lanes and struck Graciela Mata's SUV. Mata suffered very serious injuries and was flown to UC Davis Medical Center and later transferred to Sutter Roseville Medical Center. Hawkins died at the scene of the accident. Speed is not believed to be a factor in crash.

Who Was At Fault?

If the facts of this accident reported in the Sacramento Bee and the Auburn Journal are accurate, Graciela Mata is not at fault for this crash. It is not clear why Pamela Hawkins lost control of her vehicle. The investigation by the highway patrol will hopefully determine if Hawkins was distracted or otherwise driving negligently, or if she swerved to avoid something in the roadway, or there was a mechanical failure of her vehicle, such as a loss of steering or tire blowout. Without more information it is impossible to tell why this crash occurred.

Personal Injury Liability Issues

While this crash is still under investigation, the family of Graciela Mata would be well-advised to consult with a California car accident lawyer familiar with the liability issues of head-on collisions. An attorney will be able to oversee the investigation by law enforcement and advise the victim and her family of their best course of action to protect her legal rights. Compensation for injuries sustained in a car accident can include monetary damages for all medical expenses, lost earnings and emotional pain and suffering.

Continue reading "One Killed, One Seriously Injured in Head-On Collision in Placer County " »

A Chico man died Monday night, shortly after he was struck by a car at about 8:45 p.m. police reported. The man, identified as 47-year-old James Swopes of Chico, was attempting to cross the Esplanade on foot in the 2600 block when he was struck by a southbound Nissan X-Terra SUV. Swopes was crossing Esplande between the parking lot of Tortilla Flats restaurant on the west side of the road to the area near the Priya Indian Restaurant on the east side.

The driver of the SUV, Julio Amezquita, 87, of Chico, told police he did not see Swopes until it was too late to avoid the collision. There was no marked crosswalk in the area where the accident occurred. Amezquita was not injured in the crash. Swopes was taken to Enloe Medical Center, but was pronounced dead on arrival.

The Chico Police department's Major Accident Investigation Team investigating the cause of the crash. According to the Chico Enterprise Record, part of the investigation will include an inspection of the Nissan to rule out any mechanical failure. Chico Police are hoping to locate the driver of another vehicle spotted in the vicinity at the time of the crash. Any witnesses are asked to contact Chico Police at (530) 897-4970.

Fault and Wrongful Death Liability

Based on the reports of this accident by KHSL News and the Chico Enterprise Record, the cause of the crash is still not clear. If the driver was speeding, he may be responsible. The coroner will also determine whether the pedestrian was under the influence of alcohol or any other drugs. Hopefully the investigation by law enforcement will determine what happened, how fast the Nissan was travelling, and who was at fault. While this crash is being investigated, the family of the man killed would be well-advised to speak to a California pedestrian accident attorney about their possible legal rights in a wrongful death claim.

Elderly Driving Accidents

In any accident involving an elderly driver, there is always the question raised of whether the driver still possesses the skills and ability to drive. Although many elderly people are able to drive safely, maintaining their independence should never come at the price of a innocent pedestrian's life. Even if the elderly driver is not cited by police, depending on the circumstances, he may still potentially be held liable for this accident in a wrongful death claim.

Continue reading "Pedestrian Struck and Killed April 19 in Chico " »

A Plumas County woman died Monday afternoon in a head-on crash on Highway 99 in Sutter County, the California Highway Patrol reported. The victim, Martha Lynn Shower, 53, of Greenville was killed instantly when a northbound 1996 Ford 2x semitruck big rig crossed the center line and collided with her southbound Volkswagen Passat.

The April 19th Yuba City accident occurred at 3:12 p.m. on Highway 99 (Sawtelle Avenue) north of Hutchinson Road, according to the Appeal Democrat. Shower's husband and another passenger in the Passat were both hurt in the collision. At least one of them suffered possibly life-threatening injuries and was airlifted to Sutter Roseville Medical Center. The driver of the big rig, Mario Prado, 37, of Orangevale, and his nine-year-old daughter who was with him were both not injured.

The Appeal Democrat reported that Prado told investigators a heading and air conditioning van cut him off and he swerved to avoid hitting the van, and then lost control of the big rig and collided with Shower's VW Pasaat. Skid marks on the highway showed the path of the truck. Investigators did not suspect drugs or alcohol were a factor in the crash. Any witnesses to the crash are asked to contact the California Highway Patrol's Yuba-Sutter office at (530) 674-5141.

This horrific accident is not the first Hwy 99 head-on collision involving a fatality this year. A 68-year-old Gridley woman was killed February 14 in a head-on crash in Live Oak on Hwy 99.

Wrongful Death and Personal Injury Liability

The cause of the Sutter County head-on collision is still under investigation. However, if the reports of the crash are accurate, Martha Shower was not at fault for this collision on Highway 99. Whether or not the big rig driver was driving negligently, or if a third vehicle was actually involved is still under investigation.

The families of the victims in the Passat may benefit from speaking with a California highway accident lawyer familiar with the unique legal issues of head-on collisions and personal injury and wrongful death claims involving semi-trucks. Drivers of commercial vehicles are subject to specific Federal Motor Carrier Safety regulations that may be relevant in this case. An experienced and skilled lawyer will be able to advise the victims and their families of their legal rights and what types of damages they may be entitled to in a personal injury or wrongful death claim.

Continue reading "One Killed, Two Injured in Highway 99 Head-on Crash in Sutter County " »

The Daily Breeze reported this week that a Silver Lake man has filed a civil wrongful death lawsuit against RA Sushi in Torrance, and its parent company, Benihana, for the death of his wife following a car accident on July 2, 2009.

According to the suit, the sushi restaurant on Carson Street provided alcoholic beverages to Paul Kyu Kim, 20, knowing he was drunk, and allowed him to drive away, even though he showed classic symptoms of intoxication. After he left the restaurant, Kim allegedly drove on the Long Beach Freeway (710 Freeway) at speeds reaching 100 mph, and crashed into the back of a car driven by Drean Handley, 59, of Silver Lake.

Drean suffered a broken spine, broken ribs, major internal injuries and paralysis. She died of her injuries a week after the crash.

Kim was charged with driving under the influence causing injuring, and driving with a 0.08 BAC level or more. He has pleaded not guilty and is currently free on bail awaiting court proceedings in Compton, scheduled for May 18. If convicted, he could receive up to 10 years in prison.

According to the Daily Breeze, "The lawsuit uses RA Sushi's own marketing strategy against itself as a place that caters to young patrons. The lawsuit cites references on the restaurant's Web site that calls it a place "Where Iron Chef meets Girls Gone Wild," and "The perfect place to cut loose with good friends, toss back a few, and enjoy the best damn sushi the ocean has to offer."

Civil Liability For Providing Alcohol to Minors

A dram shop is a legal term that refers to an establishment where alcohol is served, such as a restaurant, bar or tavern. Dram shop laws hold retail establishments accountable for any harm--death, injury, or other damages--caused by an intoxicated patron. In California, dram shop liability is limited to cases involving alcohol sales to intoxicated minors, as is allegedly the case in this wrongful death suit. Laws vary from state to state, but serving alcohol to minors is illegal in all 50 states, and restaurants and bars may be held financially accountable for the consequences.

Continue reading "Man Files Wrongful Death Suit Against Sushi Restaurant For Wife's Death " »

A wrongful death lawsuit has been settled following an Illinois woman's death from liver failure in 2004. Pamela Hoppe sought help from LA weight loss in 2004 and was given supplements that were not regulated or tested by the US Food and Drug Administration (FDA). She was diagnosed with liver failure caused by the supplements and died on August 29, 2004, about four months after beginning treatment at LA Weight Loss.

The FDA supervises the safety of food and drugs, including supplements and diet pills. However, dietary supplements are not regulated until after they have reached the market. Manufacturers are responsible for making sure their products are safe before putting them on the market. If products safe found to be harmful, the FDA may take action. Consumers injured by dangerous products may be entitled to compensation in a product liability claim.

If you or a loved one have suffered injury from a dietary supplement or dangerous diet pill, contact the attorneys at Estey Bomberger for a free consultation. You may be entitled to monetary compensation from the manufacturer of the supplement and other parties. The law firm of Estey Bomberger has successfully handled numerous dangerous product cases, including weight loss supplement injury claims.

The Sacramento Bee reported this week that state regulators have accused Mercury Insurance Group, the third largest car insurer in the state, of illegally overcharging thousands of Californians for car insurance and homeowner's insurance. According to a press release issued by Insurance Commissioner Steve Poizner, in a routine exam conducted in spring 2007, investigators discovered that Mercury apparently had "disregarded California's consumer protection statutes and overcharged consumers." Mercury has already refunded policyholders more than $75,000 as a result of problems discovered by insurance department investigators.

According to the Bee, Mercury allegedly refused to cover motorists in certain occupations, including cocktail waitresses, bartenders, artists and painters. Mercury also charged drivers "excessive rates" following accidents that were not their fault. Mercury accused Steve Poizner of publicizing the allegations for his own "political interests." A spokesman for the department said that the department doesn't typically announce charges, but chose to do so because Mercury is accused of failing to follow through on promises to correct previously uncovered violations.

Continue reading "California State Regulators Accuse Mercury Insurance Group of Overcharging Customers " »

After Consumer Reports magazine issued a rare "Don't Buy: Safety Risk" warning on the Lexus GX460 SUV, Toyota says it will stop selling the vehicle to conduct its own testing about the safety of the vehicle. According to Consumer Reports, the seven seat SUV did not handle well in safety tests, and slid until it was nearly sideways before the electronic stability control system regained control. Consumer Reports said, "When pushed to its limits on our track's handling course, the rear of the GX we bought slid out until the vehicle was almost sideways before the electronic stability control system was able to regain control. We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death. We are not aware, however, of any such reports."

The "Don't Buy" warning is the first warning issued since 2001. The Toyota 4Runner, which shares the same platform as the GX 460, doesn't have the same problem.

Toyota initially responded in a statement, "We're concerned with the results of Consumer Reports testing on the Lexus GX 460 and their suggested buyer recommendation. Our engineers conducted similar tests during the development of the new GX and had no issues. However, we will try to duplicate the Consumer Reports' test to determine if appropriate steps need to be taken. Please keep in mind that the 2010 GX 460 meets or exceeds all Federal Government test requirements. Customer safety and satisfaction remain our highest priorities. We take the Consumer Reports' test results very seriously and appreciate them bringing it to our attention." Later in the day, Toyota announced it would stop selling the vehicle, at least temporarily.

About 5,000 GX460's have been sold in the three months since they went on sale. The GX460 debuted at the China International Automobile Exhibition in November 2009.

Continue reading "Toyota to Suspend Sales of Lexus GX460 SUV After Consumer Reports Issues "Don't Buy" Warning " »

A 65-year-old Indiana woman was killed and six other people were injured, including two children in a crash on Highway 20 Friday afternoon. The April 9th crash involved a 2005 Dodge Caravan and a 2001 Ford Escape. According to reports in the Ukiah Daily Journal, Maria Prado, 47, of Clearlake was heading west in the Doge Caravan, west of Bartlett Springs Road, near Nice. Sarah Noguera, 33, of Ukiah, was driving the Ford Escape eastbound on Highway 20.

For unknown reasons, Prado's Caravan drifted off the roadway, up an embankment, and then back on the roadway and into the eastbound lane, hitting the Ford Escape head-on. The crash occurred near the Tulip Hill Winerl. Sandra Thomas, 65, of Noblesville, Indiana, who was riding in the backseat between a 4-year-old boy and a 5-year-old girl, died at the scene of the crash.

The 4-year-old boy was flown to Oakland Children's Hospital, and the 5-year-old girl was taken to Sutter Lakeside Hospital in Lakeport. Sarah Noguera, the childrens' mother and the front-seat passenger, James Thomas, 64, her father, both were flown to Santa Rosa Hospital with major injuries. Adonis Noguera, who was sitting in the cargo compartment of the SUV, suffered moderate injuries. Officers do not believe alcohol was a factor in the crash, but a CHP officer drove Maria Prado to St. Helena Clearlake Hospital as a precaution for minor injuries and to give a voluntary blood alcohol sample.

According to reports in the Lake County News, Jane Thomas and her husband were being driven to the Sacramento airport by their daughter when the crash occurred outside of Nice.

Fault & Liability Issues

If news reports of this accident are accurate, the driver of the Dodge Caravan likely caused this accident by allowing her westbound vehicle to drift into eastbound lanes. The CHP is investigating how fast the vehicles were travelling; it is not clear if either were speeding. While this Lake County accident remains under investigation, the families of all of the victims in the Ford Escape would be well-advised to consult with a California injury lawyer familiar with head-on collision crash liability and particularly, Highway 20 accidents. An attorney can help the injured victims protect their rights and hold the at-fault party financially responsible for their medical expenses, lost earnings, emotional pain and suffering, and the wrongful death of their loved one.

Continue reading "Indiana Woman Killed in Highway 20 Crash; Six Others Injured" »

Five people, including three children, were killed during a crash in pouring rain on Interstate 5 north of Los Angeles just moments before midnight Sunday night, the California Highway Patrol reported. The Newhall Pass crash, which was reported at 11:55 p.m. Sunday, April 11th , involved several vehicles, including a Nissan Altima a red Mazda pickup truck, and a Chevy Suburban. Authorities believe the chain of events was triggered by the driver of the Mazda pickup truck spinning out into the center divider. The pickup truck overturned, and was then struck by the Nissan Altima. The Altima was then hit by the Chevy Suburban.

Injuries and Fatalities

According to the LA Times, the driver of the pickup truck, John J. Blackburn, 53, of Frazier Park, was killed in the accident. The driver of the Nissan Altima, Francisco Encisco, 25, of Daly City, suffered major injuries. A passenger in the Nissan, Yessica Milan, 27, was hospitalized in critical condition. Three of her children, Xochitl M. Hernandez, 5, Edgar A. Hernandez, 8, and Cynthia J. Hernandez, 9, all of Whittier, were killed, along with her nephew, Luis Villegas, 16, of Oakland. Four people in the Chevy Suburban, including a toddler and an infant, sustained non-life threatening injuries.

Update: The driver of the Suburban, Victor Jarillo, has been arrested for allegedly driving without a license. His passenger was also taken into custody on suspicion of providing false information to law enforcement.

Fault and Liability

Although it was pouring rain at the time of the crash, weather was only a contributing factor, authorities reported. The main cause of the crash was still under investigation. In multi-vehicle accidents, it is possible that more than one party may be at-fault for a crash. It is also possible that mechanical failure in one of the vehicles contributed to this accident. While this crash remains under investigation, the families of the victims involved in this multi-vehicle Interstate 5 accident would be well-advised to speak to a California auto accident attorney who can protect their legal rights and recover compensation for their injuries or the loss of their loved one following this multi-vehicle Interstate 5 accident.

Continue reading "Five People, Including Four Children, Killed in Interstate 5 Crash North of Los Angeles " »

Two teen girls from Salinas were killed in a crash on Las Palmas Parkway Friday night, the California Highway Patrol reported. The April 9th crash, which involved a 2000 Lexus RX300 and a 1994 Mazda pickup truck, occurred at the intersection of River Road and Las Palmas Parkway at around 11:50 p.m. The driver of the Lexus, a 16-year-old Salinas girl, and one of her passengers, a 17-year-old Salinas girl, died at the scene. Another passenger, a 17-year-old Salinas girl, was taken to Salinas Valley Memorial hospital with non-life-threateing injuries. The 19-year-old man driving the Mazda pickup truck, a Soledad resident, suffered minor injuries in the accident. Both vehicles were severely damaged.

The cause of the Monterey County accident remains under investigation by the CHP. Authorities did not believe alcohol was a factor in the collision.

Who Was At Fault?

According to reports in the Salinas Californian, an hour after the crash it was still unclear which vehicle had the right of way at the intersection, in other words, whether the Lexus or the pickup truck had a green light. The Lexus was making a left-hand turn onto River Road from Las Palmas Parkway, and the truck was heading south on River Road. In this particular accident, it is not clear who was at fault. The families of the deceased teenagers would be well-advised to speak with a California personal injury attorney who is skilled and experienced in the area of fatal intersection accidents and intersection accident reconstruction. While evidence can still be preserved (i.e. skid marks), an attorney can hire an investigator to determine exactly what happened and who was at fault. The damaged vehicles are important evidence that may yield clues and answers as to what happened.

Continue reading "Two Salinas Teenagers Killed in Las Palmas Parkway Crash " »

A woman sustained major injuries Friday morning after her Toyota Tacoma was rear-ended by a Lexus travelling "at freeway speeds," a California Highway Patrol spokesman reported. The April 9th accident happened at around 9:26 a.m. on Highway 4, east of Hillcrest Avenue. According to the CHP, the impact caused the pickup truck to veer off the road, through a fence off the side of the freeway, and into a grassy field where it overturned before coming to rest on its wheels about 100 feet off the highway. The driver of the pickup truck was identified as Nanci Lenoci, 56, of Oakley. She was flown to John Muir Medical Center with major injuries. The driver of the Lexus suffered less serious injuries and was also taken to the hospital.

The CHP reported that a crash had happened shortly after 9 a.m. on Highway 4 near G Street caused the traffic delay that led to this collision. The driver of the Lexus, Marvin Ownsby, 35, of Antioch, likely was not prepared for the sudden stopping of traffic, resulting in the chain reaction crash.

Fault and Personal Injury Liability

If the news reports of this accident are accurate, the driver of the Lexus was likely responsible. In almost all cases, the law presumes rear-end collisions are the fault of the rear driver. In other words, if you are the driver of the vehicle that was hit from behind, you are most likely not at fault. There are some exceptions, however it is not clear that any apply in this case. Drivers have the responsibility to give the car in front of them plenty of space, in case they need to stop suddenly. The family of the woman in the pickup truck would be well-advised to speak to a Bay Area auto accident attorney as soon as possible, who can ensure her rights are protected and she receives full and fair compensation for her injuries, lost earnings, pain and suffering and other expenses related to this accident.

Continue reading "Oakley Woman Seriously Injured in Highway 4 Crash " »

A 35-year-old Richmond man died Wednesday night when he was struck by a suspected drunk driver in San Pablo, authorities reported. The victim, Anthony Walker, 35, of Richmond, was riding his motorcycle home from a Bible study class at Rock Harbor Christian Fellowship on Church Lane when he was hit by the Ford pickup truck. He died in the street at the scene of the crash.

The driver of the pickup truck, Juan Manuel Ruelas, 43, fled the scene of the accident on foot with the pickup truck still running and his brother sitting in the passenger seat. Police found him at his home in Richmond early Thursday morning, where he was arrested. He had been driving on a suspended license and was currently on probation for a prior DUI conviction, police told the Contra Costa Times.

Ruelas was arrested on charges of felony hit-and-run, vehicular manslaughter and driving while intoxicated. DMV records revealed his license had been suspended after two DUI convictions, including one just two months ago. He is currently being held on $200,000 bail.

This completely preventable tragedy is heartbreaking. KTVU News reported Walker, an employee of the County of Marin, was the father of a three-year-old little girl, and was being trained to become a firefighter. Our sympathy goes out to Anthony Walker's family and friends for their sudden and unexpected loss. If Ruelas was determined to be intoxicated, we hope is prosecuted to the fullest extent allowed by law.

Civil Liability and Wrongful Death

If the news reports of this incident are correct, this accident was caused by the reckless actions of the drunk driver. Under California Vehicle Code Section 23152, driving while under the influence of alcohol is against the law. In cases such as this one, a driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges Under California Penal Code section 191.5 (a). In addition to criminal charges for drunk driving, the victim may also be held responsible financially in a civil wrongful death claim. The victim's family may pursue a California wrongful death claim and seek monetary damages to cover funeral expenses, loss of future earning, loss of love and companionship, and other expenses related to the accident.

Continue reading "East Bay Man Struck and Killed by Suspected Repeat Drunk Driver in San Pablo" »

The San Bernardino County Sheriff's Major Accident Investigation Team is investigating a fatal accident between a car and a cyclist Thursday morning in Highland. According to reports, the cyclist was riding along the west shoulder of southbound Greenspot Road, about ½ mile east of Santa Ana Canyon Road. A car that had been going northbound on Greenspot Road crossed over into the southbound lane at approximately 70 mph and fatally struck the cyclist. The accident happened just before 10 a.m. April 8th. Illegal street racing is reportedly to blame.

The victim was identified as Jorge Alvarado, 27, of Ontario. According to the San Bernardino County Coroner's press release, Alvarado, originally from Mexico, was a member of the Bahati Foundation Pro Cycling Team and a pro cyclist. He was one of five amateur riders added to the Bahati Foundation team for the 2010 season, and was on a training ride when the accident occurred.

Who Was At Fault?

According to reports in the Press-Enterprise, Alvarado was struck by a white 2002 Honda Accord driven by an 18-year-old Highland resident, Patrick Roraff, who had one passenger, and was following two other Hondas. All three vehicles were occupied by seniors from a local high school. Authorities do not believe that drugs or alcohol played a role in the crash, but it does appear this crash is caused by extraordinarily reckless driving. Hopefully the investigation will yield answers as to what happened, and the teens in the car will be truthful about what happened in the moments leading up to the incident.

Wrongful Death Liability

While this accident remains under investigation, the family of the victim would be well-advised to speak to a California bicycle accident attorney as soon as possible. A lawyer can monitor and closely follow the investigation, and help the family protect their legal rights in a wrongful death claim. Even if the driver is not cited or arrested for reckless driving, the family may still pursue justice in a civil claim for wrongful death.

Continue reading "Pro Cyclist Struck and Killed by Teenage Street Racer in Highland " »

A 41-year-old Orangevale man was killed in a crash late Wednesday evening on US Route 50 near the Red Hawk Casino in Placerville, authorities reported. The El Dorado County crash occurred at about 11:10 p.m. April 7, west of Red Hawk Parkway The CHP believes the fatal head-on crash was caused by a woman driving the wrong-way on Highway 50. The victim, Bruce Michael Bone, was driving westbound on Highway 50 when his vehicle was struck by a sport-utility vehicle going eastbound.

The suspected wrong-way driver, Theresa Ghersanich, 55, of Placerville, suffered major injuries in the crash, and was arrested on suspicion
of driving under the influence of alcohol.

Our condolences go out to the family and friends of Bruce Bone. It is heartbreaking when accidents like this one are entirely preventable. Please keep Bruce's family in your prayers during this surely difficult time.

Drunk Driving Liability & Wrongful Death

If the facts of this accident are accurate, the wrong-way driver suspected of driving under the influence of alcohol caused this crash. Drinking and driving is against the law under California Vehicle Code Section 23152. Under California Penal Code section 191.5 (a), a driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.

While the incident remains under investigation, the family of the victim would be well-advised to speak to a California wrongful death attorney as soon as possible. An attorney can help the family of the deceased victim understand and protect their legal rights, and file a wrongful death claim against the at-fault driver to seek compensation to cover their loss, including damages for funeral expenes, loss of future earnings, loss of love and companionship, and other expenses related to the accident.

Continue reading "Orangevale Man Killed in Highway 50 Crash Caused by Wrong-Way Driver " »

The U.S. Consumer Products Safety Commission announced today that Hyland Bicycles is recalling about 800 carbon bicycle forks imported by Civia Cycles, of Bloomington, Minn. At least one person has been injured by the fork breaking, resulting in an abrasion on the face and bruised ribs.

The bicycle forks were sold by specialty bicycle retailers nationwide from April 2008 through February 2010 for between $1,675 and $3,500 for Civia Hyland complete bicycles and for about $195 for Civia Carbon forks. According to the CPSC, consumers should immediately stop riding these bicycles with the recalled forks and contact an authorized Civia Cycles dealer for a free replacement fork. For more information, consumers may contact Civia Cycles toll-free at (877) 774-6208 between 8 a.m. and 6 p.m. ET Monday through Friday or visit the firm's Web site at www.civiacycles.com.

Continue reading "CPSC Announces 800 Civia Bicycle Forks Recalled Due to Fall Hazard " »

A man who climbed out of his sports-utility vehicle after a rollover accident on Highway 1 was struck by a bus Thursday morning, authorities reported. According to the CHP, the 51-year-old man initially had been driving about 55 mph on northbound Highway 1 (the Cabrillo Highway), near the 12th street exit when he saw brake lights ahead of him. In attempt to avoid a collision, he swerved suddenly, causing his SUV to rollover. The vehicle was still in the traffic lane when he climbed out of it. He was then struck by a MST bus en rounte from Monterey to San Jose. The accident occurred before 5:30 a.m., when it was still dark. The bus driver suffered minor injuries. The driver of the SUV suffered major injuries including multiple broken bones and was taken to Community Hospital of the Monterey Peninsula.

Injury and Liability Issues

The California Highway Patrol is investigating the April 8th accident. Accidents like this one - where somebody survives one accident and then is struck by another passing vehicle are more common than you'd think. Whenever a vehicle is disabled in the roadway, there is the potential for another collision. This is how a lot of multi-vehicle pileup or "chain reaction" collisions begin. Poor visibility situations, at night, in fog, rain or snow, increase the likelihood of accidents and injuries. In this situation, the victim injured would be well-advised to speak to a California personal injury attorney as soon as possible. Depending on the circumstances, he may be entitled to compensation from the bus company for his injuries, loss of earnings and pain and suffering.

Continue reading "SUV Rollover Accident Survivor Struck by Monterey-Salinas Transit Bus on Highway 1 " »

Five days before Toyota launched a recall of 2.3 million U.S. vehicles due in January, Toyota's top U.S. public relations executive warned that the automaker needed to "come clean" about the sticking accelerator pedals. Since retired PR executive Irv Miller wrote "We are not protecting our customers by keeping this quiet. The time to hide on this one is over."

As the LA Times reported today, at the time of the email exchange, Toyota was publicly blaming the sudden unintended acceleration problem associated with the vehicles on floor mats, not gas pedals.

The January 16th email was a response to another email from a Toyota executive in Japan to another Toyota PR executive that said, "We should not mention" the accelerator pedal failures because "we have not clarified the real cause" and mechanical failures "might raise another uneasiness of customers." The document was one of 70,000 pages of documents collected by the National Highway Traffic Safety Administration (NHTSA) has collected as part of its investigation.

About two weeks later, Miller retired from the company. A Toyota spokesman said his resignation had been long planned and was not related to communications regarding disclosure of the gas pedal defect.

Following the recall covering 2.3 million vehicles on January 21st, Toyota took the unprecedented step of shutting down North American factories and suspending car sales while it worked on a fix for the accelerator pedal problem.

The NHTSA believes the way Toyota handled the whole matter was in violaion of U.S. law. As we mentioned earlier this week, under federal law, automakers have five days to report a safety defect to the U.S. government once it has been discovered. Toyota has been slapped with a $16.4 million fine for failing to report the defect to the government.

The Toyota lawsuit attorneys at Estey Bomberger are closely monitoring developments with Toyota and the US government. If you have been injured in an accident caused by sudden unintended acceleration in a defective Toyota, contact us for more information and to discuss your legal rights with an attorney.

Continue reading "Toyota PR Exec Warned Automaker to "Come Clean" About Sticking Accelerator Pedals in January " »

A crash near Lake Tahoe involving a 2002 Acura and a 2004 Volvo on Highway 89 Sunday evening left a 19-year-old St. Louis woman dead, the California Highway Patrol reported. The Easter Sunday crash occurred at about 6:30 p.m. April 4, on Highway 89 south of Alpine Meadows Road in Nevada County. According to reports in the Sierra Sun, the victim, Wenjie Li, 19, was a passenger in the Acura, which was travelling northbound on Highway 89.The driver of the Acura, Shang Gao, 20, of Reno, apparently lost control of the vehicle in snowy conditions and broadsided the southbound 2004 Volvo, driven by a Redwood City woman in her 40's. Li was taken by ambulance to Tahoe Forest Hospital in Truckee, where she died of her injuries. Both Gao and the driver of the Volvo suffered non-life-threatening injuries.

The Sacramento Bee reported that Li was a St. Louis university student visiting the Tahoe area with her boyfriend. Our condolences go out to her family and everyone who knew and loved her. Please keep her family in your prayers.

What Caused this Accident?

Based on the limited reports of the accident, it is not clear what caused Gao to lose control of his vehicle and collide with the Volvo. Authorities will investigate to see if Gao was not driving safely in light of weather conditions, or if he was under the influence of alcohol. It is also possible that something malfunctioned with the vehicle or one of its tires blew out, causing him to lose control. While this accident remains under investigation, the family of Wenjie Li and the woman driving the Volvo would be well-advised to speak to a California personal injury attorney as soon as possible. An attorney can help the victims protect their legal rights and understand who was at fault for the accident, and explain the family's options in a personal injury or wrongful death claim.

Continue reading "19-Year-Old St. Louis Woman Killed in Easter Sunday Crash Near Lake Tahoe " »

CNN reported yesterday that Toyota Motor Corp has two weeks (until April 19, 2010) to decide whether it will accept or contest the $16.4 million dollar five levied by the National Highway Traffic Safety Administration (NHTSA) for failing to promptly notify the government about the problem with accelerator pedals. In a statement released in response to news of the fine, Toyota said "We have not yet received their letter, we understand that NHTSA has taken a position on this recall. We have already taken a number of important steps to improve our communications with regulators and customers on safety-related matters as part of our strengthened overall commitment to quality assurance. These include the appointment of a new Chief Quality Officer for North America and a greater role for the region in making safety-related decisions."

Under federal regulations, auto manufacturers are required to inform the NHTSA within five days of determining that a safety defect exists in one of its products. Ray LaHood, the United States Secretary of Transportation said in a statement, "We now have proof that Toyota failed to live up to its legal obligations. Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families." LaHood claims that Toyota knew of the defect with the pedals since September 29, 2009 (when it issued repair procedures in 31 European countries and in Canada), but did not recall the vehicles in the US until late January, 2010.

Continue reading "Toyota Hit with $16.4 Million Fine by NHTSA " »

As the number of Zicam lawsuits continue to rise, Matrixx Initiatives, the maker of Zicam, has introduced a new line of Zicam products - Cold Remedy Plus. The Cold Remedy Plus products, cherry-flavored Zavors and cherry-flavored Liqui-Loz, are a multi-ingredient formulation marketed to reduce the duration of the common cold and relieve symptoms of people with the common cold. Two mint flavors, available in a rapid melt and an oral mist, will launch this fall. Matrixx Initiatives will be spending $23 million to advertise the products across print, radio and television media formats.

FDA Warning Regarding Zicam

On June 15, 2009, after identifying at least 120 reports of people losing their sense of smell, the FDA issued a warning letter recommending consumers immediately stop using certain Zicam Cold Remedy products, including Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs and Zicam Cold Remedy Swabs Kids Size. Very shortly thereafter, Matrixx Initiatives issued a recall of the Cold Remedy products. Matrixx has reportedly received more than 800 reports of loss of smell from consumers.

Zicam Injury Lawsuits

Matrixx Initiatives has twice requested the FDA retract their warning, but the FDA has twice refused. Zicam's manufacturer is now facing lawsuits alleging that they knew their Zicam products were dangerous but continued to advertise and sell them anyway. Zicam is also facing litigation from Matrixx investors alleging the over-the-counter healthcare manufacturer hid the complaints of smell loss from investors. The Securities and Exchange Commission is also investigating Matrixx Initiatives.

Continue reading "Zicam Introduces New Zicam Cold Remedy Plus Line " »

A 12-year-old was killed Saturday night in an ATV crash in Monterey County near Gonzales, the CHP reported. The accident happened around 7 p.m. near the intersection of River Road and Sanchez Road. According to reports, the 12-year-old, who was not identified, was riding the ATV on private property with two other boys near the intersection when he lost control and crashed. The 12-year-old who was driving died at the scene of the crash. Two other 11-year-old boys suffered moderate injuries and were taken to Salinas Valley Memorial Hospital.

The news reports of this accident did not mention the type of ATV involved in this April 2 accident. Some ATVs in the class of utility terrain vehicles, also known as UTVs, have been recalled for dangerous design flaws, because they may rollover on flat surfaces and at relatively slow speeds.

ATV Rollover Accidents Injuries and Fatalities

The family of the young boy killed in this accident and the families of the boys injured may benefit from discussing their legal rights with a California ATV rollover accident attorney. Depending on how the accident occurred and the type of vehicle involved, the families of the victims may be entitled to compensation from the vehicles' manufacturer. The attorneys at Estey Bomberger have successfully represented numerous victims of UTV rollover accidents, including Yamaha Rhino rollovers, in personal injury and wrongful death claims.

Continue reading "12-Year-Old Boy Killed, Two Others Injured in ATV Accident in Monterey County " »

A 50-year-old Perris man died after losing his balance and falling out of a tree in a yard in Apple Valley, the San Bernardino County Coroner's Office reported. The tree trimming accident occurred at about 9 a.m. Friday April 2, 2010 at a private residence on Shoshone Road. The tree trimmer, Adelberto Lua, lost his balance and reportedly fell between 15 to 20 feet. He was flown to Loma Linda University Medical Center where he died shortly before 11 a.m. The accident remains under investigation.

Liability and Fault Issues

Based on the relatively limited information provided about this accident, it is impossible to tell how or why the man lost his balance. Depending on how the accident occurred, the family may have legal rights in a wrongful death claim. If the man's employer did not take certain measures or precautions to protect the man from this accident and provide him with proper safety equipment, the family may be entitled to compensation. Visit our website for more information about the legal rights of those killed in workplace accidents or call us at (800)724-3817 to discuss your potential case with a wrongful death attorney.

Continue reading "Tree Trimmer Dies of Injuries After Falling in Apple Valley " »

A single vehicle accident early Sunday morning in Antioch left a passenger with serious injuries and a driver with moderate injuries, police reported. The accident, which involved a gray Buick sedan, occurred at about 3:10 a.m. Sunday on southbound Auto Center Drive at Costco Way. According to reports in the Contra Costa Times, the vehicle crossed a sidewalk and some landscaping before striking a large concrete pillar, causing it to overturn and come to rest on its roof. The vehicle caught fire and was engulfed in flames by the time officers arrived. The driver, a 22-year-old Antioch man, was able to get himself out of the vehicle on his own. Officers had to pull the passenger, a 32-year-old Antioch woman, out of the vehicle. She suffered multiple serious injuries and was hospitalized in critical condition.

Police are investigating the cause of the accident, but believe that the driver was under the influence of alcohol.

The driver of the vehicle likely caused this accident and is also likely responsible for the injuries to the woman. The family of the woman seriously injured in this Contra Costa County accident would be well-advised to speak to a drunk driving passenger injury attorney as soon as possible. An attorney can help the victim recover maximum compensation for her injuries from the other driver, and possibly also her own insurance policy, if she has one. A lawyer can also explain how to best handle communications with the insurance adjustor and advise the victim and her family of their best course of action to ensure she is fairly and fully compensated for her injuries, including all medical expenses, loss of earnings, and pain and suffering.

Continue reading "Passenger Critically Injured in Suspected DUI Crash in Antioch " »

A 25-year-old Newark man died following a three-vehicle accident Friday afternoon in San Mateo, the California Highway Patrol reported. The accident was reported at 1:20 p.m. on northbound Highway 101, just north of State Route 92.

According to reports by the CBS News, the victim, identified by San Mateo County coroner's officials as Eduardo Gutierrez, was driving a 1995 Infiniti northbound on the freeway, when for unknown reasons, he lost control of his vehicle and struck a 2010 Toyota and a 2006 Ford, and then crashed into a sound wall. Gutierrez died at the scene of the crash. It was not clear whether anyone else was injured in the accident.

The CHP is investigating the cause of the Highway 101 accident. Based upon the limited reports of the incident, it is impossible to determine how the crash occurred or who was at fault. While this fatal accident remains under investigation, the family of Eduardo Gutierrez may benefit from speaking with a California wrongful death lawyer about their legal rights. If another party's negligence, a defect in the vehicle, or defect in the roadway caused or contributed to this accident, the family may be entitled to compensation in a wrongful death claim.

Continue reading "Newark Man Killed in Hwy 101 Accident in San Mateo" »

A crash on interstate 5 involving a big rig, a fire truck and as many as 20 other vehicles left at least one person with major injuries and several others with less serious injuries, the CHP reported. The crash occurred during cold, snowy conditions Friday morning at about 11:20 a.m., near the Black Butte exit on Interstate 5, north of Redding. The CHP closed interstate 5 from Shasta Lake to Mount Shasta while the scene was cleaned up and investigated.

Who Is At Fault?

Chain reaction, pileup accidents are common occurrences in poor visibility situations. Especially at highway speeds, wet, snowy, or icy conditions can cause drivers to lose control of their cars when they try to stop suddenly. In multi-vehicle accidents, each driver may share some percentage of fault. Having an attorney on your side can be beneficial because your lawyer can negotiate a lesser degree of fault, and ultimately recover more compensation for your injuries.

Multi-Car Accidents and Insurance Claims

The California injury lawyers at Estey Bomberger have recovered millions for people seriously injured in multi-vehicle, chain reaction and pileup accidents. From experience, we understand the unique legal issues that these cases present, and the tactics insurance companies will use to try and assign fault to other drivers and delay compensation to victims. If you have been injured in this Interstate 5 accident, or any other multi-vehicle highway accident, and would like to discuss your case with a lawyer, call Estey Bomberger at (800)724-3817. All consultations are free, with no obligation.

Four people were injured, including one critically, in an intersection crash on Highway 20 in Penn Valley Wednesday, police reported. The crash occurred at Highway 20 and Rough and Ready Highway at about 7:45 a.m. March 31. According to reports in The Union, a newly licensed teenage driver in a Chevrolet pickup truck was trying to turn onto Rough and Ready Highway from the eastbound lane of Highway 20. She drove against a red light into the path of a westbound Toyota Corolla driven by a 56-year-old Colfax woman, Deborah Miller. The two vehicles collided almost head-on. It was not clear how fast the Corolla was travelling.

Miller suffered major injuries in the crash, including multiple compound bone fractures in her arm and elbow. She was flown by CHP helicopter to Sutter Roseville Medical Center. The teenage driver and two other teenage passengers were taken to Sierra Nevada Memorial Hospital. All four people involved in the crash were fortunately wearing their seat belts.

A CHP officer said that the initial evidence pointed toward the teenage driver being at fault, but that no citations were issued and that the crash remained under investigation. If the teen is at fault in this March 31st Highway 20 accident, as it seems, the family of Deborah Miller should contact a California personal injury attorney as soon as possible. An experienced lawyer can help the woman protect her rights and ensure she is fairly and fully compensated for her serious injuries. In a free consultation, an attorney will be able to explain the liability issues and advise the family of their best course of action with the insurance company.

Continue reading "Four Injured in Highway 20 Crash in Nevada County " »

Falls down steps and stairways can cause serious injuries, from bruises and broken bones to head injuries and spinal cord injuries. Persons injured from falling down a staircase or flight of stairs, or from tripping on a stair and falling forward should speak to a California slip and fall lawyer about a premises liability claim. The property owner may be responsible for your injuries and all related expenses and lost earnings due to your injuries, if certain conditions are met.

The experienced attorneys at Estey Bomberger have successfully handled staircase injury claims and are familiar with building codes and staircase design and maintenance issues that may contribute to a fall. If the stairs had poor illumination, were lacking a handrail, were the improper height or distance, or were otherwise defective, the building owner may be responsible for a slip and fall accident on the staircase. If you would like more information or a free consultation, contact the California injury lawyers at Estey Bomberger today to talk to a lawyer your legal rights.

Seven people were injured March 31 when a T-Line San Francisco Muni rail train struck a Ford Econoline van with Florida license plates and tourists onboard. The Bayview crash occurred at about 7:45 p.m. Wednesday night at Third Street near Underwood Avenue. It was the second injury collision involving a Muni vehicle on Wednesday. A few hours earlier, two pedestrians were sideswiped by a light rail car at Ocean Avenue and Capital.

According to reports by NBC News, the van's driver was following verbal directions from a GPS unit inside the vehicle. The gadget told him to turn left and he did, without seeing the light rail train heading in its direction, and a clearly marked sign indicating there is no left turn allowed. Four people in the van and three people on the train were injured. At least two of the people suffered serious injuries. Police also reported an open container of alcohol was found inside the van. Whether or not the driver was under the influence of alcohol at the time of the crash is not known. The incident remains under investigation by San Francisco police.

If the news reports of this accident are accurate, the driver of the van is probably at fault. Regardless of what a navigation device tells a driver to do, the driver still has the responsibility to follow the rules of the road and drive safely. While this incident remains under investigation, both the passengers in the van and those injured on the Muni rail train would be well-advised to contact a San Francisco personal injury attorney as soon as possible. An attorney can help them protect their rights and recover full and fair compensation for their injuries, lost earnings, pain and suffering, and other expenses related to the Muni accident.

Continue reading "Seven Hospitalized After Van and Muni Rail Train Collide " »