California Injury Lawyer Blog

A 58-year-old man was struck and killed early Thursday morning while crossing Avenue 416 in Orosi, the Visalia Times-Delta reported. The May 27th fatal pedestrian accident occurred near the intersection of Road 126, at about 3:15 a.m. According to news reports, the man, who was not identified, was crossing the street when he was struck by a 2001 Ford Taurus driven by a 65-year-old Orosi man. He died at the scene. The California Highway Patrol is investigating the cause of the fatal Orosi pedestrian accident.

Cause of the Accident

Based on the limited information provided in news reports, the cause of the pedestrian accident is not clear. The CHP will determine if the driver of the car could have done anything to prevent this accident, and hopefully help the family understand exactly what happened.

Wrongful Death Liability

While this fatal Tulare County pedestrian accident remains under investigation, the family of the victim would be well advised to discuss this accident with a California wrongful death attorney. Even if the driver is not cited by law enforcement for causing the accident, he still may be held liable in a civil wrongful death claim. An attorney can help the family protect and understand their legal rights and review the facts of this incident to determine if they may obtain compensation for the loss of their loved one in a wrongful death claim.

Continue reading "Man Crossing Street Struck and Killed in Orosi " »

Two passengers in a Honda died Wednesday evening when a large hay baler truck struck the vehicle they were riding in, the Visalia Times-Delta reported. The Tulare County accident was reported at 5:55 p.m., at the intersection of Avenue 232 and Road 36, west of Tulare.

According to the Tulare County Fire Department, the two men who were killed were back seat passengers in the Honda. The driver of the Honda, Ullses Bello Gomez, 27, was travelling west on Avenue 232 (Tulare Avenue) when he attempted a left turn onto Road 36. The Honda was then struck by a hay baler going east on Avenue 232, driven by Robert Alavarado Jr., 55, of Tulare. Alvarado was not injured in the crash. Gomez was airlifted to Community Regional Hospital in Fresno with major injuries. One of the victims was identified as Alfredo Salado, 20.

Cause of the Accident

The cause of the fatal May 27th crash remains under investigation by the California Highway Patrol. However, the Times-Delta reported that the driver of the Honda was booked on suspicion of driving under the influence of alcohol. The investigation is ongoing and it was not clear how CHP officers determined the driver was under the influence.

Continue reading "Two Passengers Killed Southwest of Visalia in Suspected DUI Crash with Hay Baler Truck" »

At least one person suffered major injuries early Wednesday morning in a head-on collision on Highway 395, San Bernardino County Sheriff's officials reported. According to reports in the Victorville Daily Press, a Ford pickup truck travelling southbound on Hwy 395 crossed into northbound lanes and collided head-on with a northbound Lincoln Town car. The accident occurred around 5 a.m. in the three mile straight stretch of U.S. 395 between Bear Valley Road and Main Street.

The driver of another vehicle, a Kia, swerved to avoid the wreckage of the head-on collision and crashed into a guardrail and fence. The Kia was reportedly suspended precariously over the California Aqueduct by three strands of barbed wire. The Victorville Daily Press reported that the driver of the Lincoln suffered major injuries. The extent of the injuries to the driver of the Ford and the driver of the Kia was not clear.

Highway 395 Accidents in San Bernardino County

Exactly one month ago, on April 26, 2010, a 25-year-old Ridgecrest man was killed in a head on crash on Highway 395 between Main Street and Bear Valley Road, on the same stretch of road were this May 26th accident happened. On April 5th of last month, two people were injured in a head-on crash on Highway 395 near Bear Valley Road. This stretch of Hwy 395 in San Bernardino County is sometimes called "blood alley," due to the number of fatal collisions that occur in the region. NBC's "Dateline" has called the 44-mile section of Highway 395 from Hesperia to State Route 58 as one of the most dangerous roads in the country.

Continue reading "Three People Injured in Head-On Crash on Highway 395 " »

A 52-year-old Sacramento woman died early Tuesday morning when the car she was riding in was struck fron behind on Highway 50. According to the Sacramento Bee, the victim, Luther Jean Harris, 52, of Sacramento, was a front seat passenger in a car driven by Rodney Glass, 37, of West Sacramento.

The 1998 Chevrolet Camaro driven by Glass ran out of gas at about 12:40 a.m. and came to stop in westbound lane four, a transition lane to southbound Interstate 5. According to the CHP, Glass's vehicle had its emergency lights flashing when it was rear-ended by a westbound Chevrolet El Camino driven by Jay Stebley, 55, of Sacramento.

The Sacramento Bee reported that Stebley looked over his shoulder to view traffic and did not see the Camaro stopped in the lane until it was too late to avoid the rear-end collision. Both Rodney Glass and Jay Stebley were taken to UC Davis Medical Center with moderate injuries. Harris, who was not wearing her seat belt when the disabled vehicle was rear-ended, died at the scene of the crash.

Continue reading "Sacramento Woman Killed When Disabled Car Struck on Highway 50 " »

In personal injury lawsuit news, a jury in Miami-Dade recently awarded more than $14 million to a Sarasota man who inhaled asbestos in the 1970s and now has mesothelioma.

According to the Miami Herald, William Aubin, a 59-year-old retired firefighter, worked for his family's construction company in the 1970's and during that time, was exposed to joint compounds laden with asbestos. Eventually, Aubin developed peritoneal mesothelioma, a rare and usually fatal type of cancer that attacks the lining of the abdominal cavity and organs.

The jury found chemical manufacturer Union Carbide was negligent in using the asbestos fibers to make the joint compounds that were used by Aubin's family's construction company. The labeling on the compounds did not mention asbestos or warn users about the dangers associated with asbestos. The jury also found four of the compound manufacturers, including Georgia-Pacific, shared some of the responsibility for causing Aubin's cancer.

Continue reading "Jury Awards $14 Million in Florida Asbestos Case " »

For the second time in two years, state health officials have fined Marin General Hospital for an error determined to be likely to cause serious injury or death to a patient. Last year, the California Department of Public Health fined the Greenbrae hospital $25,000 for failing to remove a sponge from a patient following an emergency abdominal surgery conducted in 2007. The second error, for which MGH is being fined $50,000, occurred on September 18, 2009, during an elective Caesarean section surgery, the Marin Independent Journal reported yesterday.

The September 2009 C-section surgery in which a surgical sponge was left in a patient was apparently complicated by the patient losing two pints of blood. Special bags were employed to account for surgical sponges and prevent them from being left behind. However, according to an incident report, the staff thought the last sponge was on the operative field and not in the patient's body, and there was some confusion about the location of the last sponge.

An obstetrics technician and registered nurse who failed to follow policy were disciplined. A surgical urologist and physician leader at Marin General Hospital said, "We have a zero tolerance policy for this sort of a problem. There are no exceptions based on the complexity of the operation, period."

Doctors suspected a problem three days after the surgery, when the patient showed symptoms of an intestinal obstruction. A CT scan reportedlly "suggested the possibility of an intra-abdominal foreign body." Two days later, a follow-up CT scan revealed the foreign body. The surgery was performed that same day to remove the sponge. The patient was discharged two days later. The Marin Independent Journal also reported that the incident report revealed the patient's medical record when she was discharged did not mention the surgical sponge left in the patient or the second surgery performed to remove it. The incident report said that according to the hospital's own policies, the attending physician is required to write a complete discharge summary including all procedures performed, treatment rendered and anything else of significance.

Continue reading "Marin General Hospital Fined $50,000 for Leaving Sponge in Patient " »

A 22-year-old Madera man died in an accident on Highway 99 near Adams Avenue, the CHP reported. The fatal Fresno County crash occurred around 12:30 a.m. Friday, May 21st. According to California Highway Patrol reports, a red mustang driven by Jonathon Moreno rear-ended a tractor trailer near Fowler. Moreno died at the scene. The driver of the big rig, who was not identified, was not hurt.

Investigators do not believe drugs or alcohol were a factor in the fatal accident, KMPH News said. This Hwy 99 accident is absolutely devastating and our sympathy goes out to the family of Jonathan Moreno and everyone who knew and loved this young man. Please keep his family in your prayers.

Truck Accident Liability Issues

This accident, the cause of which is still under investigation, raises a number of questions. Rear-end collisions involving semi-trucks and passenger vehicles have very unique legal issues, due to federal laws governing big-rig trailer bumpers. One of the issues in this accident is whether the semi-truck involved in this accident have an underride protection bar (also known as a rear-impact guard or DOT bumper), and did it meet federal Department of Transportation (DOT) requirements? The purpose of this standard, most recently amended in 2006, is to "reduce the number of deaths and serious injuries occurring when light duty vehicles impact the rear of trailers and semitrailers with a gross vehicle weight rating (GVWR) of 4,536 kg (approximately 10,000 pounds) or more." It is estimated that there are hundreds of tractor-trailer trucks on the road that do not meet safety regulations.

Rear-Impact Protection Underride Laws

Because trailers on big rig trucks often sit much higher than a passenger car, a dangerous situation known as "underride" may occur when a passenger vehicle rear-ends a tractor trailer. Rear guards, intended to prevent passenger compartment intrusion (PCI), were initially mandated in 1953, and were first known as ICC bumpers (Interstate Commerce Commission). The ICC was abolished in 1995, and the functions of the agency were transferred to the Surface Transportation Board, and then to the Federal Motor Carrier Safety Administration, an administration within the Department of Transportation. The laws that govern rear-impact protection on tractor-trailer trucks can be found in the Code of Federal Regulations §571.224 Standard No. 224.

Continue reading "22-Year-Old Madera Man Killed in Highway 99 Crash with Big-Rig" »

In personal injury news, a lawsuit has been filed after a 44-year-old man suffered catastrophic injuries in a fall from a zipline ride at a Scout-O-Rama event at Kelly Park in San Jose on May 9, 2009.

The victim, Linden Feldman, a software engineer and former Eagle Scout, was told he was safely hooked on to the zipline ride and jumped from the tower, yelling "Geronimo." His 10-year-old son and 9-year-old daughter witnessed his terrifying, almost instant 25 foot fall to the ground. The injuries he sustained in the fall left him in a coma for a week with a traumatic brain injury, a collapsed lung, respiratory failure surgery required to remove portions of his bowel.

Court documents allege that the Boy Scout leader did not know that he had to shackle riders to the safety ring on the harness. Instead, he attached riders to a thin piece of nylon cloth. The method was strong enough to hold small children, but was not strong enough to hold Feldman, the first adult to ride the zipline. The suit was filed in Santa Clara County Superior Court against the Boy Scouts of America and the Santa Clara County Council of Boy Scouts.

Continue reading "Boy Scouts of America Sued Over Scout-O-Rama Zipline Accident " »

A 35-year-old Helendale woman was killed Friday afternoon in a head-on collision on National Trails Highway, the San Bernardino Sun reported. The fatal crash occurred on National Trails Highway (Historic U.S. 66), just north of Indian Trail in Helendale, at around 12:20 p.m. The crash involved a red 2005 Dodge Neon and a gray 2003 Nissan Xterra sport utility vehicle. According to CHP reports, the Nissan Xterra heading south towards Victorville drifted into northbound lanes, directly into the path of the northbound Dodge Neon.

The driver of the Neon, Christina Renee Hamilton, 35, of Helendale, died at the scene of the crash. A teenage boy in her vehicle suffered serious injuries and was airlifted to Arrowhead Regional Medical Center in Colton. The female driver of the Xterra and a toddler in her vehicle were taken by helicopter to Loma Linda University Medical Center. The May 14th accident was the third fatal head-on collision in San Bernardino County this week.

Cause of the Crash

The CHP is still determining the cause of this fatal crash. However, the Victorville Daily Press reported that authorities believe that the Nissan Xterra drifted into the path of the red Dodge Neon, causing the head-on collision that killed Christina Hamilton. It is not clear if the driver of the Xterra swerved to avoid something in the road, or if she was distracted, or possibly suffered a medical condition. Authorities are investigating.

Wrongful Death & Personal Injury Liability

Accidents that cause severe injury or the wrongful death of a beloved family member cause emotional devastation and sadness, as well as financial burden due to medical expenses and lost earnings. The family of the victims in the Dodge Neon would be well-advised to talk to a San Bernardino personal injury lawyer who can help them understand and protect their legal rights following this crash. While nothing can be done to undo a fatal accident, families of loved one lost may be entitled to financial compensation for their loss in a wrongful death claim.

Continue reading "Woman Killed, Three Others Injured in Head-On Crash on National Trails Highway " »

The Palm Springs Police Department is investigating a crash that killed one person and critically injured another Monday night in Riverside County. The solo motorcycle accident occurred on Northbound Gene Autry Trail in Palm Springs, about ¼ mile south of Tamarisk Road just before 10 p.m. on May 10th, the Riverside County Sheriff-Coroner reported in a press release. Apparently, the driver of the motorcycle lost control of the bike and struck the center median, throwing the driver and passenger from the bike. The male driver of the motorcycle suffered life-threatening injuries and was taken to Desert Regional Medical Center in Palm Springs. The female passenger, Valondra Lesher, 45, of Desert Hot Springs, died of her injuries at the scene of the accident.

Cause of the Accident

The cause of the crash is still under investigation and it is not clear what exactly happened. The Desert Sun reported that police were looking into the possibility that high winds played a role in the crash, but had also not ruled out possible drug or alcohol impairment. The news reports covering this incident offer limited information as to what happened. At this point, we don't know if the driver of the motorcycle was at fault, or if there was a dangerous condition in the road, or a mechanical defect in motorcycle. Investigators will look at these and other issues to determine exactly what happened.

Possible Liability Issues

In any motorcycle accident resulting in serious injury or death, victims and their families are always advised to contact a skilled, experienced California motorcycle accident attorney who can look into all legal issues related to the accident, and if negligence is involved, hold the liable parties responsible for the victim's serious injuries or the wrongful death of a loved one. If the accident was caused by a dangerous condition or defect in the road, the agency responsible for maintaining the roadway may be liable. Keep in mind that any claim against a government agency must be filed with six months of the date of the accident, so it is best to talk to a lawyer as soon as possible. Damages awarded in a wrongful death claim can include compensation for funeral expenses, expected future earnings, loss of love and companionship, and other expenses related to the accident.

Continue reading "Desert Hot Springs Woman Killed in Motorcycle Accident " »

A 51-year-old Sebastopol man was critically injured Saturday in a two-vehicle intersection crash in downtown Santa Rosa, fire officials reported. The Sonoma County crash, which involved a red Jeep and a blue Suburu Legacy, occurred just after 5 p.m. at the intersection of Fourth Street and Brookwood Avenue. The Subaru was travelling south on Brookwood when hit broadsided the Jeep at the intersection.

The Santa Rosa Press Democrat reported that firefighters had to extricate the driver of the Jeep, 51-year-old Robert McGuire of Sebastopol. Witnesses at the scene reported that the driver of the Subaru sped through the intersection and broadsided McGuire's Jeep, causing it to overturn. McGuire was partially ejected and had to be cut free from his vehicle. Both McGuire and the driver of the Subaru, a 38-year-old St. Helena woman, were taken by ambulance to Santa Rosa Memorial Hospital with serious injuries.

Cause of the Crash

Although investigators have not reported the official cause of the crash, news reports indicated that the driver of the Subaru sped through the intersection and likely caused this crash. Hopefully the investigation by law enforcement will reveal what exactly happened, and if negligence was a factor in this collision. If it is determined that the driver of the Subaru caused this accident, she may be liable for the injuries sustained by the driver of the Jeep, including damages for all current and future medical expenses as a result of his injury, lost earnings due to the accident, pain and suffering and other accident related expenses.

Personal Injury Liability Issues

While this May 8th Santa Rosa accident is being investigated, the family of Robert McGuire would be well-advised to talk to a California auto accident attorney about this accident. An experienced attorney can help the family understand the victim's legal rights and advise the family of their best course of action in a personal injury claim. If another driver's negligence is determined to have caused this crash, a skilled lawyer can protect the victim's rights to ensure he is fully and fairly compensated for his serious injuries from the at-fault driver and any other negligent parties.

Continue reading "Sebastopol Man Critically Injured after Weekend Crash in Santa Rosa " »

A male cyclist suffered very serious injuries Saturday night after being struck by a Toyota Corolla in Merced, police reported. The bicycle accident was reported around 9:10 p.m. just east of the intersection of West 16th Street and Canal Street. According to reports in the Merced Sun Star, the cyclist was riding his bike southbound across West 16th Street when he was struck by the 1999 Corolla travelling eastbound on 16th street. The unidentified cyclist suffered numerous injuries, including a fractured leg and internal bleeding, and was taken to a trauma center in Modesto. The driver of the Corolla was not hurt.

Cause of the Accident

The cause of the May 8th bicycle accident is still ongoing. Anyone with information is asked to call Merced Police Sgt. Jay Struble at (209) 385-4739 or the Merced Police department's automated tip line at (209) 385-4725. Based on the news reports of this accident, it is not clear who was at fault. Where was the bicycle in relation to the vehicle? Was the cyclist crossing the road legally? Was the driver distracted, impaired or driving recklessly? At this point there are more questions than answers as to why this crash occurred. Hopefully, the investigation by law enforcement will yield answers as to what exactly happened.

Bicycle Accident Liability Issues

While this Merced bicycle accident is still under investigation, the family of the man injured would be well-advised to speak with a California bicycle accident attorney. A skilled bicycle accident lawyer will be able to review the report by law enforcement, and identify any legal issues relevant in this case, and explain the victim's legal options and rights following this accident. If the driver of the Corolla caused the accident, he may be liable for the cyclist's injuries, including all medical expenses, lost earnings, and pain and suffering.

Continue reading "Cyclist Critically Injured After Being Struck by Car in Merced " »

A crash Saturday afternoon in Murrieta left three people injured, including an 8-year-old girl, the Southwest Riverside News Network reported. The May 8th accident, a head-on collision involving a blue Toyota Sienna Van and a black Mitsubishi Endeavor, was reported at 3:38 p.m. on Clinton Keith Road near the intersection of East Murrieta Oaks Avenue. According to Murrieta Police, the Toyota minivan was travelling westbound on Clinton Keith Road and the Mitsubishi was travelling eastbound.

Authorities believe that the male driver of the minivan either fell asleep or blacked out, causing him to lose control of his vehicle and cross into eastbound lanes, resulting in the head-on collision. The driver of the van and his 8-year-old daughter were both injured, along with the male driver and sole occupant of the Mitsubishi. All three were taken to Inland Valley Regional Medical Center with serious injuries.

Cause of the Crash

Police are still investigating the cause of this accident on Clinton Keith Road and who was at fault. However, if news reports are accurate, the driver of the Mitsubishi was not at fault for the collision. The driver of the minivan likely caused this crash by crossing into the eastbound lanes, and if he is determined to be at fault, may be liable for the injuries the driver of the Mitsubishi sustained.

Personal Injury Liability Issues

While this crash is under investigation, the family of the man driving the Mitsubishi would likely benefit from speaking to an experienced Riverside personal injury lawyer. Damages awarded in a personal injury claim may include monetary compensation for all medical expenses, lost earnings, pain and suffering, and other accident related expenses. An attorney can stay on top of the official investigation by police, help the victim understand and protect his legal rights, and if he has a claim, obtain the full and fair compensation he is entitled to for his injuries.

Continue reading "Three People Injured in Head-On Crash in Murrieta " »

In medical malpractice news, a jury in Palm Beach County awarded a woman $36 million after an epidural administered during a pain management procedure went horribly wrong. The woman, 52-year-old Kathleen Ramey, has difficulty walking and lost the use of her right hand after her doctor administered the epidural in 2000.

Ramey had been seeking pain relieve from a previous injury suffered in a car accident when the doctor penetrated her spinal cord with the epidural, causing significant damage. The doctor who administered the epidural, Andrew Weiss, did not attend the two-day trial in West Palm Beach, as he is currently serving a federal prison sentence on a conviction of peddling prescription drugs. Weiss was apparently given the opportunity to appear on his own behalf, but declined.

As it stands the award will be difficult to collect, as Dr. Weiss filed bankruptcy just days after the procedure, and Weiss's medical malpractice insurer denied Ramey's claim. However, the jury's award was the first step in a lawsuit against Weiss's medical malpractice insurance company.

Continue reading "Florida Jury Awards Woman $36 Million for Botched Epidural " »

A man was seriously injured Thursday while operating a forklift at the Masonic Home in Union City, officials at the Union City Fire Department reported. According to reports in the Oakland Tribune, the forklift rolled over the man and landed on his leg. The victim was not identified and was described as a man in his early 30's. He was flown by helicopter to Eden Medical Center in Castro Valley. The Oakland Tribune reported that the man is expected to survive but could possibly lose his leg.

Forklift Accidents

Forklifts, with an average weight of 9,000 pounds, are potentially very dangerous. Forklifts are turned by moving the rear wheels, and have a much smaller turning radius than a car. This also makes them much easier to tip over while being turned. Drivers must be especially careful when accelerating, stopping or turning, as these maneuvers could cause the vehicle to top over or lose the load. Other serious forklift accidents can occur when operators fall from forklifts and become pinned under the equipment, or are struck by a forklift.

Workplace Accident Liability

When companies neglect to train employees about the dangers of forklifts, or train them insufficiently, forklifts are especially dangerous. OSHA, the Occupational Safety and Health Administration, estimates that 70% of all workplace accidents could be avoided with proper training and safety procedures. If the man injured in this accident was not properly and sufficiently trained in the use of the equipment he was using, his employer may be responsible for his catastrophic injuries, including all medical expenses related to the injury, current and future lost earnings, and the pain and suffering he endured as a result of his injury. In this situation, the family of the man injured would be well-advised to speak to a California workplace injury attorney about the unique legal issues of this May 6th accident and the man's legal rights to compensation.

Continue reading "Man Could Lose Leg After Forklift Accident at Masonic Home in Union City " »

A motorcyclist was killed Wednesday after his Harley Davidson collided with a pickup truck in Madera County, authorities reported. The crash occurred at the intersection of California State Route 41 and Avenue 15 around 2:15 p.m. on May 5th. According to reports by CBS47, the driver of the pickup truck was turning left from Hwy 41 onto Avenue 15, and the Harley Davidson motorcycle was travelling southbound on Highway 41 when it collided with the side of the truck. The driver of the pickup truck suffered minimal injuries. The motorcyclist was identified as 56-year-old Gary Stephen Mederios of Ranchos Santa Margarita, CA.

Madera County Fatality Accidents

In 2008, there were 12 fatalities in 11 different accidents in Madera County. Official statistics for 2009 are not yet available, but there were a number of very serious accidents in Madera County last year. Three people were killed in a suspected alcohol-related accident in August 2009 on Highway 41. A 19-year-old was killed in a 3-car crash on Avenue 7 near Avenue 12 on May 12, 2009.

Cause of the Motorcycle Accident

The California Highway Patrol is still investigating the cause of the May 5th motorcycle accident, but a spokesman for the agency reportedly said it appears the driver of the pickup truck failed to yield to the right of way of the biker. If the driver is found to have caused this crash, he could possibly face charges. Even if he is not cited the accident, he may be financially liable for the motorcyclist's death. Depending on how this accident occurred, the family of the victim may be entitled to compensation for the wrongful death of the their loved one in a civil claim. In cases such as this one, the family of the victim may benefit from speaking to a California motorcycle accident lawyer about their legal rights in a possible wrongful death claim.

Continue reading "Motorcyclist Killed in Madera County Crash with Pickup Truck " »

Two Riverside County residents were killed Tuesday morning in a horrific head-on crash on the Ramona Expressway near San Jacinto, the Riverside County Sheriff/Coroner reported. According to the San Bernardino Press-Enterprise,the May 4, 2010 accident occurred about 1,500 feet east of Bridge Street. The Nuevo crash occurred at about 5:50 a.m., and involved a 2000 Chevrolet S-10 pickup going east on the expressway, and a 2001 Toyota Corolla travelling west. Both vehicles were estimated to be travelling around 55 mph.

The victims were identified as John Wilson, 43, of Hemet, and Tiffany Autrey, 31, of Perris. Wilson was driving Toyota sedan and Autrey was driving the Chevy pickup truck. Authorities believe that Autrey's pickup truck crossed over double yellow lines into westbound traffic, striking Wilson's vehicle head-on. Both drivers were wearing their seatbelts and were not ejected. They both died at the scene of the crash.

Cause of the Crash

The cause of this devastating double-fatal accident remains under investigation by the California Highway Patrol. However, if news reports are accurate, John Wilson was not at fault for this accident. It is not clear why Autrey lost control of her vehicle. The CHP will investigate whether she was distracted or driving negligently, or if something outside of her control caused the crash, such as a dangerous roadway condition of mechanical failure in her vehicle. Hopefully the investigation by the CHP will determine exactly what happened, for the sake of both families.

Wrongful-Death Liability Issues

While this crash is under investigation, the family of John Wilson may benefit from speaking to an experienced California wrongful death attorney. In cases like this, the families of the deceased victim may be entitled to compensation for their sudden and unexpected loss in a wrongful death claim. When another party's negligence is determined to be the cause of a crash, whether that is a reckless driver, dangerous roadway condition, or vehicle defect, the family of the victim may be entitled to monetary damages, including money for funeral expenses, loss of future earnings and support, and loss of love and companionship. An experienced attorney can explain the family's legal rights, options and responsibilities and best course of action should they wish to pursue a claim.

Continue reading "Two Drivers Killed in Head-on Collision on Ramona Expressway " »

Nissan Motor Company is recalling as many as 134,000 Infiniti G35 model sedans and couples because of a problem with the airbags, Reutuers reported yesterday. According to the NHTS, the wire harness connecting the belt tension sensor (BTS) and the occupant detection sensor (ODS) control unit under the front passenger seat can experience relative movement which can cause wear and oxidation of the terminals and may cause interruption of the signal.

In other words, in the event of a crash, the airbag might not deploy.

Most of the vehicles involved in the recall are located in the US, but some vehicles recalled are also located in South Korea, Canada, Puerto Rico, Taiwan, Guam and even the middle east. The affected G35 models were made at a Nissan plant located in Japan. The recall includes Infiniti G35 sedans from model years 2005-2006 and G35 coupes from model years 2005-2007. About 35% of the vehicles recalled are coupes, and 65% are sedans, Reuters reported. For more information, Infiniti owners may contact the Infiniti Consumer Affiars Hotline at (800)662-6200.

Although Nissan says no fatalities have been linked to the defective airbags, it is possible that injuries have occurred and have not been reported or linked to the defect.

Airbag Defects & Vehicle Manufacturer Liability

In the event of a collision, especially one at highway or freeway speeds, airbags play an important role. Statistically, airbags reduce the risk of being killed in a direct frontal crash pr head-on collision by about 30%. The failure of an airbag to deploy can result in catastrophic injury or death in an accident that might have resulted in minor or moderate injury if the airbag did deploy. If you have been seriously injured or if a family member has died in an accident where the airbag did not deploy and you believe it should have, you should consider speaking to an experienced defective products attorney about your legal rights in a personal injury or wrongful death claim. You may be entitled to compensation from the manufacturer of the vehicle.

Continue reading "Nissan Recalling 134,000 Infiniti G35 Sedans and G35 Coupes for Airbag Problem " »

The California Highway Patrol has reported an 86-year-old Kenwood woman died Monday morning after a devastating accident involving an all-terrain vehicle. The crash occurred on private property off Adobe Canyon Road in unincorporated Sonoma County. The victim, identified as Delores Sprague, was riding her ATV to retrieve some tools from her home when, according to the Sonoma Index-Tribune, she apparently lost control of the vehicle and struck a tree. The ATV overturned and crushed her. She died at the scene of the accident. Sprague's husband reported the incident at about 10:20 a.m. on May 3rd.

ATV Rollover Accident Fatalities

According to the website ATVSafety.gov, nationwide there were 832 reported ATV-related deaths in 2006, 699 reported deaths in 2007. In California, statewide from 1992 to 2008, there were 516 reported deaths. Because not all deaths are reported to the Consumer Products Safety Commision, the actual number of fatalities is likely slightly higher. Each year more than 100,000 people visit emergency rooms across the country for injuries sustained in ATV accidents.

Cause of the Accident and Possible Liability Issues

The limited information in news reports did not identify the type of all-terrain vehicle involved in this crash, or explain how this crash happened. However, in any fatal ATV accident, there is always the question of whether a mechanical defect played a role. Many ATVs have been recalled for serious safety issues. Just last week, Yamaha recalled 20,000 Grizzly model ATVs that had a problem with the steering column that could cause the rider to lose control and crash. In December, Polaris recalled 8,500 ATVs dued to a problem with the front suspension ball joint stem that can cause the rider to lose control and crash. Dozens of other similar recalls have been announced in the last couple years. It is possible that this Sonoma County accident that took the life of Deloris Sprague was due to a defect or mechanical failure in the ATV.

While the cause of the accident is under investigation by the CHP, the family of the victim would be well-advised to talk to a California wrongful death lawyer about having the vehicle inspected for design or manufacturing defects. An experienced attorney familiar with ATV accident liability issues will be able to advise their family of their legal options in a possible wrongful death claim and look into similar accidents involving the type of vehicle involved in this accident.

Continue reading "Kenwood Woman Killed in ATV Rollover Accident in Sonoma County " »

A 22-year-old Sacramento woman was killed Sunday night in a crash on westbound Interstate 80 at the Antelope Road exit, the California Highway Patrol has reported. The crash involved a white 1993 Mercedes 190E and a 2003 orange Honda Element, and occurred at about 9:05 p.m. May 2. The Modesto Bee reported that the victim was identified Monday as Tessa Canavarro. Canavarro was driving a 1993 Mercedes that either clipped or was clipped by the Honda Element, driven by Jesse Oran, 32, of Carmichael.

The impact of the collision caused both vehicles to lose control and crash into the center median. Oran and three of his passengers, a 20-year-old woman, a 42-year-old woman, and a 25-year-old man were taken to area hospitals with non-life-threatening injuries.

Cause of the Crash

The cause of this fatal May 2 accident remains under investigation by the California Highway Patrol, and at this point, there are more questions than answers as to why this crash happened. The vast majority of collisions can be attributed to one of four factors: driver behavior, poor roadway maintenance, roadway design, and equipment failure. Many collisions involve some type of driver behavior combined with one of the other three factors. At freeway speeds, even a small collision between two vehicles can trigger a catastrophic chain of events, as we saw in this Sacramento County crash.

Wrongful Death Liability Issues

While this accident remains under investigation, the family of the young woman killed in this accident would be well-advised to contact a Sacramento accident attorney about their legal rights in a personal injury or wrongful death claim. If negligence on the part of the other driver of any other party caused or contributed to this Interstate 80 accident, the family may be entitled to compensation for their loss in a wrongful death action. An experienced attorney can look into liability issues and advise the family of their best course of action to protect their rights in a possible wrongful death claim.

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A 24-year-old Fresno man was tragically killed Sunday morning after his motorcycle collided with a car that turned in front of him, the Fresno Bee reported. The accident occurred on Audobon Drive, just west of Friant Road, near Woodward Park, around 9:20 a.m. on May 2 near Fresno Heart and Surgical Hospital. The victim was identified as Andre Fernandez.

According to the Fresno Bee, Fernandez, who was wearing a U.S. Department of Transportation approved full-face helmet, was heading eastbound on Audubon Drive on a Honda CBR600RR sport bike. A car heading westbound on Audubon turning left into a hospital parking lot struck Fernandez. He died at the scene of the crash.

Our sympathy goes out to the family of Andre and everyone who knew and loved him during this surely difficult time. Please keep his family in your prayers.

Fault and Wrongful Death Liability

The cause of the Fresno motorcycle accident is still under investigation and authorities have not officially determined the cause of the accident. However, if news reports are accurate, it sounds as though the driver of the car likely caused this crash by pulling into the path of the motorcycle. If the motorcyclist was speeding he may be at fault partially, but there is nothing in the news reports to indicate that.

While this accident is under investigation, the family of Andre Fernandez would be well-advised to consult with a California motorcycle accident attorney about their rights in a wrongful death claim against the at-fault party and the liability issues involved. An attorney can review the report of the accident and advise the family of their best course of action in a wrongful death action following this accident, and time limits governing this case.

Continue reading "24-Year-Old Motorcyclist Killed in Fresno Crash " »

Two people died early Friday morning in a crash in La Quinta, the Riverside County Sheriff's Department reported. The accident occurred on Washington Street, north of Calle Tampico, at an entrance to the Village Shopping Center, shortly after 2 a.m. The crash involved a Ford Focus and a Dodge Truck, the Desert Sun reported. The Ford was headed eastbound and pulling out of the shopping center when it was struck by the southbound Dodge truck.

Officers responding to the scene of the crash found two people trapped in a Ford Focus. The victims, Erica Alonzo, 27, and Eleuterio Valenzuela, 31, were both taken to local hospitals, where they died. The 24-year-old driver of the truck, a La Quinta resident, was not injured. The cause of the crash is still under investigation, and it was not clear who was at fault. Police said that drugs or alcohol did not appear to be a factor in the collision. Anyone who witnessed the crash to call Sgt. David Walton at (760) 863-8990.

Fault & Wrongful Death Liability Issues

Based on the news reports of this crash, it is not clear who was at fault. News reports did not say how fast the truck was travelling when the collision occurred early in the morning. If the driver of the truck was speeding, he may be at fault for this crash. While the investigation is ongoing, the families of the two victims in the Focus would be well-advised to speak to a California wrongful death lawyer about their legal rights. An attorney can advise the families of their best course of action handling communications with the insurance companies and fully explain their legal rights, options and obligations in a wrongful death action against the driver and any other at-fault parties.

Continue reading "Two Killed April 30th in Crash in La Quinta on Washington Street " »