California Injury Lawyer Blog

The CHP is investigating a head-on collision Tuesday morning in Lake County that left two women with serious injuries. The two-vehicle crash occurred shortly after 10 a.m. on Highway 29 north of Butts Canyon Road. According to reports in the Lake County News, 18-year-old Brittany Franklin of Clearlake was driving a 2008 Chevrolet pickup northbound on Highway 29, when for unknown reasons, her vehicle drifted to the right and began to leave the roadway. Franklin then apparently overcorrected back onto the roadway and veered into southbound traffic. Franklin's vehicle collided head-on with a 2004 Nissan truck driven by Suzanne Wallahan, 43, of Middleton. Wallahan's Nissan traveled down a dirt embankment, and Franklin's Chevy stopped in the middle of the highway, blocking both lanes of traffic. Both Franklin and Wallahan were airlifted to UC Davis Medical Center in Sacramento.

We hope both of the women hurt in this crash were not gravely injured, and wish them both the best for a full and fast recovery. Please keep them in your prayers.

Cause of the Highway 29 Head-on Collision

The California Highway Patrol is investigating the cause of the August 17th Lake County crash. Authorities have reportedly ruled out drugs or alcohol as a contributing factor. Based on the limited information provided in news reports, it is not clear why Franklin lost control of her vehicle. Was she speeding or driving recklessly, or did something malfunction mechanically with her truck? The CHP is undoubtedly investigating these and all other potential causes of the crash.

Car Accidents and Personal Injury Liability

If it is determined that the driver of the Chevrolet is in fact responsible for this crash, she may be liable for the injuries of the driver of the Nissan. In situations such as this one, where another driver may be responsible for an accident causing serious injury to another, the injured victim or their family would be well-advised to consult with an experienced and knowledgeable California personal injury lawyer about the unique legal issues involved and their rights to consultation. A skilled car accident attorney can help the injured victims seek compensation for medical care expenses, lost earnings and wages, pain and suffering, and other expenses related to the accident.

Continue reading "Head-on Collision Injures Two on Highway 29 in Lake County" »

A car turning left into a business entrance struck and seriously injured a Santa Rosa man riding a bicycle Monday afternoon, the Santa Rosa Press Democrat reported. The car vs. bicycle accident occurred around 3:10 p.m. on Monday August 9th on River Road, west of Fulton Road. According to news reports, the cyclist, William Brown, 63, of Santa Rosa, was riding westbound on the right should of River Road, while Clements Boylan, 74, of Freelan, was driving a 1994 Lexus eastbound. Boylan began turning left into the parking lot of the Fruit Basket fruit stand when he struck Brown on his bicycle. The impact threw Brown onto the hood of the Lexus. He suffered serious injuries but is expected to survive. Boylan told drivers he did not see Brown until it was too late.

This bicycle accident occurred not far from the location of a fatal accident on River Road earlier this year. A man died and three people were injured in a chain reaction crash at River Road and Sommer Street on April 27th.

Cause of the Bicycle Accident

If news reports are accurate, it appears that this crash was caused by the driver of the Lexus making the left turn. The state law pertaining to left turns is found in California Vehicle Code Section 21801 (a) "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety." In this situation, the bicycle would be considered a vehicle.

Bicycle Accident Injury Liability

If the driver of the Lexus is determined to have caused this bicycle accident, he may be liable for the injuries the cyclist sustained. While this crash remains under investigation, the family of the victim may benefit from speaking to an experienced northern California bicycle accident lawyer about this accident and the legal issues involved. An attorney who is also a cyclist and who has represented numerous victims of bicycle accidents can help the victim protect his legal rights and recover the maximum financial compensation he may be entitled to following this accident.

Continue reading "Cyclist Struck by Car Making Left Turn in Santa Rosa " »

At least six people tragically died Monday night in a fiery crash on Highway 395, the LA Times reported. The August 9th crash occurred about five miles south of Bishop shortly after 8 p.m. According to CHP reports, the driver of a soutbhound SUV lost control, drifted off the shoulder and then travelled into the center median. The SUV then collided with a large van carrying athletes from California Baptist University in Riverside.

The SUV was believed to be carrying athletes from a San Diego area cross country team. The injured victims included Drew Constantine Delis, 22, of Encinitas, who was taken to San Joaquin Community Hospital in Bakersfield with major injuries. Derek Randal Thomas, 19, also of Encinitas, was flown to West Hills Hospital with major injuries.

Wendry Rice, 35, of Corona, the driver of the van died at the scene. She was apparently transporting students from California Baptist University in Riverside to a high-altitude training camp in Mammoth.

According to the LA Times, eleven student athletes from Cal Baptist were taken to area hospitals with minor to serious injuries: Alyssa Neimeyer, 19, of Temecula; David Solis, 19, of Corona; Brenda Perez, 20, of Riverside; Alicia Catanese, 21, of Corona; Jennifer McGuire, 17, of Stevenson Ranch; Kayla M. Beaudoin, 19, of Corona; Miguel Angel Gonzalez, 18, of Hacienda Heights; Marissa Benson, 18, of Gresham, Ore.; Jonathan Monteon, 18, of Chino; Jonathan Hernandez, 18, of Moreno Valley; and Hanna Ingulsrud, 19, of Ontario.

Our sincerest condolences go out to everyone who has lost a friend or family member in this horrific collision that will surely never be forgotten. We hope all of the injured victims make a full recovery.

Cause of the Highway 395 Crash

The CHP is investigating the cause of the accident. It appears that the driver of the southbound SUV lost control, but it is unclear why. Based on the limited information available in news reports, there are more questions than answers at this point. According to the California Highway Patrol, the accident took place on a part of Highway 395 that had four lanes and a center divider. Investigators are looking at skid marks and other evidence to determine the speeds of each of the vehicles involved.

Personal Injury and Wrongful Death Liability

Highway accidents such as this one have very unique and often very complex legal issues. Determining liability and fault will be challenging to say the least. Investigators will look at not just the actions of the driver of the SUV, but the condition and maintenance of all vehicles and even the condition of the roadway where the crash occurred. If this crash was caused by a defect in the sport utility vehicle, the manufacturer of the SUV could be liable for all victims' deaths and injuries. While this accident remains under investigation, the family members of the victims of this crash would be well-advised to consult with an experienced and knowledgeable California personal injury attorney who has represented victims of Highway 395 accidents. A skilled lawyer can help the victims' families understand and protect their legal rights, and advise them of their best course of action handling communications with the insurance companies.

Continue reading "6 People Killed, 12 Injured in Hwy 395 Crash near Bishop " »

A San Jose, CA jury late yesterday afternoon awarded a former foster care child $30 million in damages for sexual abuse the child endured due to the negligence of the private company that licensed the foster home in which the child was placed for four years. (See Mercury News)

The plaintiff, who for privacy issues is only identified as John Doe, was 11 years old when he was placed in the foster home of John Jackson in Santa Clara County, California. Doe was forced into more than 600 acts of sexual abuse by Jackson from December 1995 to March 1999 when Doe was removed from the home.

The defendant in the case, Giarretto Institute, was licensed by the State of California to supervise and monitor the Jackson home as a foster family agency. The jury found Giarretto 75 percent responsible for the injuries to Doe and Jackson 25 percent responsible. Giarretto is responsible for $22.5 million of the $30 million verdict.

Doe is now 25 years old and suffers from residual mental distress as a result of the abuse. Three other foster children who were also in the Jackson home and suffered similar abuse have lawsuits pending.

At trial, the plaintiff's attorney, Stephen Estey of Estey Bomberger presented extensive evidence showing that Giarretto did not properly train its employees, many of whom had other full time jobs and worked for the company on a part-time, off-hours basis. When allegations of sexual abuse were raised by the foster children, Giarretto did not have any investigators with sexual abuse experience, so the allegations were not properly investigated and were found by Giarretto's staff to be unsubstantiated.

The trial lasted two and one half weeks, and the verdict was returned in one day. The jury was comprised of seven woman and five men. The Honorable Peter Kirwan presided over the trial.

The verdict is the largest in California this year for a single person sex abuse case and is one of the largest verdicts in the state in 2010. It is believed to be the largest verdict in California history for a single person sex abuse case.

During the trial, the jury heard testimony that the company which initially licensed the Jackson home (Giarretto subsequently purchased that company) did not conduct a proper background check of Jackson. An elementary reference check of Jackson would have uncovered disturbing information about his past that would have disqualified him from being a foster parent, such as a history of inappropriate sexual conduct including sex with a minor, a history of drug and alcohol abuse, threats toward others with firearms, physical abuse toward his pregnant wife and suicide attempts resulting in psychiatric hospitalization.

Jackson has been convicted of his abuse against Doe and the other victims and is currently serving a 200+ year sentence.

Continue reading "Jury Awards Record $30 Million Verdict in San Jose Molestation Case " »

Three people died Wednesday afternoon in a crash near Easton, the Fresno Bee reported. The crash was reported to the California Highway Patrol at 4:30 p.m. at the intersection of American Avenue and Fig Avenue. According to news reports, Orlando Gomez-Benitez, 20, of Fresno, was travelling northbound on Fig Avenue when he allegedly did not stop at the stop sign at American Avenue. His Pontic Sunfire was struck by a Honda Accord travelling westbound on American Avenue. The three passengers in the Pontiac, who reportedly were not wearing seat belts, were ejected from the vehicle. Two passengers died at the scene; a third died at Community Regional Medical Center. Gomez-Benitez suffered major injuries. Both the driver of the Honda, Danny Hernandez, 27, of Fresno, and a passenger, Rogelio Cinco, 16, of Fresno, were also injured.

Wrongful Death and Personal Injury Liability

Although some news outlets initially reported that alcohol was not a factor in the crash, the Fresno Bee reported that Gomez-Benitez was arrested on felony DUI charges. If this is accurate and this August 4th crash is the result of drunk driving, the driver, Orlando Gomez-Benitez, may be held both criminally and civilly liable for his actions and the passenger deaths and passenger injuries he caused. While this accident remains under investigation, the family members of the victims of this crash would be well-advised to consult with a northern California drunk driving accident attorney about their legal rights in a personal injury or wrongful death claim. If the driver did not have adequate insurance coverage, a skilled and knowledgeable lawyer may be able to help the victims' recover damages from their own insurance policies.

Our Commitment to Stopping Drunk Driving

At Estey Bomberger, we take a strong position against drunk driving and support all efforts to stop it, as well as maximum criminal penalties for drunk drivers. We believe accidents caused by drunk drivers are 100% preventable, and there is no excuse for drinking and driving. Visit our website, stop-drunk-driving.com, to learn more about the epidemic of drunk driving and how it destroys lives and tears apart families.

Continue reading "Three Killed, Three Injured in Alcohol-Related Crash in Fresno " »

According to KCRA News, a motorcyclist died Tuesday night and 10 people were injured, including two young children, in a crash on Interstate 505 near Winters that the CHP says was alcohol related. The Yolo County crash occurred around 10 p.m. when a vehicle carrying six people spun out of control and struck a guardrail near SR 128. The driver of that vehicle was suspected of driving under the influence of alcohol. Two cars travelling southbound on 505 were not able to avoid the wreckage. A motorcyclist also swerved to avoid the wreckage, but ended up losing control and crashing. The motorcyclist died at the scene. The injured victims were taken to four area hospitals with injuries ranging from minor to major.

Cause of the Winters Crash

The California Highway Patrol is investigating the cause of the August 3rd multi vehicle crash near Winters. However, if news reports are accurate, it appears that the accident was at least partially, if not completely, caused by a drunk driver. Toxicology tests are pending and the CHP is also investigating other possible contributing factors.

Liability for Injuries and Deaths Resulting From Drunk Driving Accidents

Drinking and driving kills more than a thousand people a year in California alone. At Estey Bomberger, our personal injury attorneys fight to protect the rights of injured victims of car vs. motorcycle drunk driving accidents, and families who have lost loved ones in accidents caused by drunk drivers. In situations such as this one, the family members of the victims of this Highway 505 crash would be well-advised to contact a northern California drunk driving accident injury lawyer about their legal rights following this accident. A skilled lawyer can help them hold the at-fault parties responsible and recover the maximum compensation they may be entitled to for their injuries or loved one's wrongful death.

Continue reading "Motorcyclist Killed, 10 Injured in Alcohol-Related Crash on Interstate 505 " »

The Monterey County Herald reported a 58-year-old Seaside man died in a three-car collision Friday evening in Monterey County. The accident occurred at about 5:20 p.m. Friday evening on CA State Route 68 (Holman Highway), west of Community Hospital of the Monterey Peninsula, near the Scenic Drive Overpass. The CHP reported that three vehicles were involved in the collision, a 2000 Ford, a 2001 BMW, and a 2009 Chevrolet. Investigators reported that the man driving west in the 2000 Ford crossed into eastbound lanes and struck a 2001 BMW. The BMW, which was driven by the 58-year-old Seaside man, then collided with the 2009 Chevrolet. It was not clear whether the Chevrolet was travelling eastbound or westbound.

The Seaside man, who was not identified, suffered massive internal injuries and died. The driver and passenger in the Chevrolet, a man and woman from Pacific Grove, suffered non-life-threatening injuries and were taken to Community Hospital. It was not clear whether the driver of the Ford was injured.

Cause of the Fatal Holman Highway Crash

Based on the news reports, it appears that this collision may have been caused by the driver of the Ford, who for reasons still unknown, crossed into eastbound lanes. The CHP is investigating exactly what happened to cause this Holman Highway fatal crash. At this point, there are only questions as to what events led up to the crash. Was the driver of the Ford distracted or impaired? Or did he make an unsafe passing attempt, or did he lose control of the car due to a defect in the vehicle?

Personal Injury and Wrongful Death Liability

In this particular July 30th accident, if the driver of the westbound Ford was at fault for the crash, he may be liable for the wrongful death of the man driving the BMW and the injuries of the occupants of the Chevrolet. When the negligence of another can be attributed to a fatal accident, family members of the victim may seek compensation in a wrongful death claim to cover funeral expenses, loss of future income and support, and loss of love, care and companionship, and other damages. While this crash remains under investigation, the family members of the victim, as well as the injured victims in the third vehicle may benefit from speaking to a California personal injury lawyer about this crash and their legal rights to compensation.

Continue reading "Seaside Man Killed in Crash on Holman Highway " »