September 2010 Archives

September 30, 2010

Porterville Man Seriously Injured in Two-Car Crash in Strathmore

avenue-196.jpgA 32-year-old Porterville man suffered major injuries Monday evening in a two-vehicle collision near Strathmore, the Visalia Times-Delta reported. The crash occurred at the intersection of Avenue 196 and Road 256 at about 6:40 p.m. on Monday, September 27, 2010. According to news reports, Joshua Plunk, 32, of Porterville was driving a 2004 Ford F-250 pickup truck eastbound on Avenue 196, while at the same time, Dustin Reed, 24, of Strathmore was travelling westbound on Avenue 196 (Frazier Highway) in a 2007 Honda Accord. At Road 256 (Lynch Drive), Reed initiated a left turn into the path of Plunk's pickup truck and the two vehicles collided. The impact caused the Ford to overturn and come to rest in a nearby orchard field. Plunk suffered major injuries and was taken by ambulance to Kaweah Delta Hospital in Visalia. Two passengers in Plunk's vehicle, Rhett Mason, 29, and Danny Delussa, 38, both of Springville, suffered minor injuries. Reed was reportedly not injured.

Cause of the September 27th Crash

This accident appears to be caused by an unsafe left-turn initiated by the driver of the Honda Accord, who failed to yield to the right-of-way of the Ford truck. The law that applies to left turns is stated in California Vehicle Code Section 21801: "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." The cause of the accident remains under investigation. Authorities will look at the speed of both vehicles and other factors in determining exactly what happened.

Left-Turn Car Accidents and Personal Injury Liability

In situations such as this September 27th Tulare County car accident, where another driver is likely responsible for a crash resulting in major injury to an occupant of another vehicle, the family of the injured victim would be well-advised to speak with a knowledgeable and experienced California car accident lawyer about the accident and the victim's legal rights. An attorney who has handled numerous left-turn major injury collisions can advise the victim's family of their best course of action to protect their rights following this accident, and help the victim pursue compensation for medical expenses, lost earnings, pain and suffering, and other accident-related expenses.

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September 29, 2010

Pedestrian Struck by Car in Lindsay

tulare-road.jpgA Tulare County pedestrian accident Monday night sent a Lindsay woman to the hospital with major injuries, the Visalia Times-Delta reported. The car vs. pedestrian accident occurred at the intersection of E Tulare Road (Avenue 232) and Homassel Avenue at 6:09 p.m. According to news reports, the pedestrian, Michelle Galvan, was crossing Tulare Road when she was struck by a Ford F-150 pickup truck driven by Ronald Jacobsma, 47.

Cause of the Lindsay Car vs. Pedestrian Accident

News reports only reveal limited information about what happened. There is a crosswalk on all four sides of the intersection, although it is not clear where Galvan was when she was struck. It is also not clear how fast the Ford pickup truck was travelling and whether the driver could have avoided this crash. Hopefully, the investigation by Lindsay Police will reveal exactly what happened and why, and who was responsible for this September 27th pedestrian accident.

Pedestrian Accident and Personal injury Liability

While the investigation is ongoing, the family members of the injured victim would be well-advised to speak with a knowledgeable California pedestrian injury lawyer. A skilled lawyer can help the victim and her family understand and protect her legal rights, so that if negligence was a cause of this crash, she may recover the maximum compensation she may be entitled to for her injuries, including medical care costs, lost earnings related to the accident, and pain and suffering. In the event the driver was uninsured or underinsured, an attorney may also look into the possibility of pursuing compensation from the victim's own insurance policy, if she had one.

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September 22, 2010

General Motors Recalls 20K Cadillac CTS and CTS-V Model Vehicles

cadillac-cts.jpgGeneral Motors is recalling more than 20,000 model year 2009-2010 Cadillac CTS and CTS-V cars to replace glove compartment boxes. The recall was announced after the vehicle failed to comply with Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection. Government crash tests found that a front seat passenger not wearing a seat belt could strike the glove box and suffer serious leg injuries in a crash.

General Motors will begin notifying owners of the recall next month, and dealers will replace the glove part assembly at no charge. The GM recall number is N100292. Owners can call Cadillac at 1-866-982-2339, or the National Highway Traffic Safety Administration's vehicle safety hot line at 1-888-327-4236, or go to safercar.gov.

Anyone injured in an accident involving a recalled automobile should contact a knowledgeable and experienced defective product lawyer. The California product liability lawyers at Estey Bomberger offer a free, no-obligation consultation to answer your questions and discuss your potential case.

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September 21, 2010

Elderly Pedestrian Crossing Street Struck and Killed in Santa Maria

carlotti-and-paden.jpgThe Santa Maria Times has reported that a 81-year-old Santa Maria man died Saturday morning, after he was struck by a car at the intersection of Carlotti Drive and Paden Street. According to news reports, the pedestrian, Stefan Francis Suszko was attempting to cross Carlotti Drive from west to east shortly after 7 a.m., when he was hit by a 2003 Volkswagen Passat driven southbound on Carlotti by Robert Allen Utzinger, 38, also of Santa Maria. Utzinger was not injured. Suszko suffered a broken leg and major head trauma. He died as a result of his injuries a few hours after the accident at Marian Medical Center.

Cause of the Fatal Pedestrian Accident

The cause of the fatal accident remains under investigation by the Santa Maria Police Department. Anyone with information about the incident is asked to call Santa Maria Police at (805)928-3781. Based on the limited information provided in news reports, it is not clear why this pedestrian accident occurred and whether the driver of the Passat could have done anything to prevent the collision.

Pedestrian Accidents and Wrongful Death Liability

Elderly adults are unfortunately common victims of fatal pedestrian accidents. Accidents frequently occur in intersections, where drivers often fail to yield to the right-of-way of crossing pedestrians, whether or not the crosswalk is marked. Drivers of vehicles often look for cars, but not pedestrians. In situations such as this September 18th Santa Barbara County pedestrian accident, the family members of the victims would be well-advised to contact a California pedestrian accident lawyer about the families rights in a wrongful death claim. If the driver is responsible for this accident, he may be liable for the wrongful death of the victim, including funeral and burial expenses and loss of love, care, and companionship.

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September 21, 2010

Elderly Man in Crosswalk Struck and Killed by Monterey-Salinas Transit Bus

del-monte-pacific.jpgThe Monterey County Herald reported an 87-year-old man died Friday, one day after he was struck by a Monterey-Salinas Transit bus. The bus vs. pedestrian accident occurred at about 6 a.m. on Thursday, September 16, 2010, at Pacific Street and Del Monte Avenue. According to news reports, Samuel Conboy, a resident of Monterey, had been walking in the crosswalk with a green light when the bus made a left turn from Del Monte onto Pacific and struck Conboy. Conboy was able to give statements at the accident scene and at the Community Hospital of the Monterey Peninsula. According to the Herald, immediately after the accident, his injuries had not appeared life-threatening.

Cause of the Monterey County Accident

The investigation as to the cause of the accident is ongoing. The driver, Taylor Norisett, 49, of Seaside, was not hurt. Police will not determine whether the driver will be cited or criminally charged until the investigation has been completed. Based on the news reports, it sounds as though the driver of the bus may be responsible for this fatal collision. Under California Vehicle Code Section 21950 "Right of Way at Crosswalks" (c), "The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian." This section of the vehicle code gives pedestrians using a crosswalk the right-of-way.

Bus Accidents and Wrongful Death Liability

In any accident involving a public transit bus is involved in a collision causing injury to a pedestrian, bicyclist, or an occupant of a passenger vehicle, unique legal issues are involved. Because public transit authorities are organized as government agencies, anyone pursuing a personal injury or wrongful death claim must comply with the Government Code, which imposes a very short statute of limitations - typically 180 days. In other words, the family likely has only 6 months from the date of the accident to pursue a claim. After any accident such as this September 16th bus vs. pedestrian accident, the family of the victim would be well-advised to speak to a California wrongful death attorney as soon as possible. A skilled lawyer - one who has successfully obtained compensation against cities, counties, school districts, and other government agencies - can advise the victim's family of their legal rights, options and obligations should they wish to pursue compensation for the loss of their loved one in this tragic accident.

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September 16, 2010

Jury Awards $14 Million to Houston Man Burned in Tanker Explosion

tanker-explosion.jpgIn personal injury news, a jury in Houston awarded nearly $14 million to a man who was severely burned in a tanker explosion in April 2007. The injured plaintiff, Carl Cotright, was loading the tanker with a flammable liquid when it ignited. According to ABC 13 news, by the time he realized what had happened, it was too late. He suffered burn injuries over much of his body. Cotright sued transport company C&G Hot Shot Service, and the company originally offered to settle the case for $15,000. This week, a jury sided with Cotright and awarded him nearly $14 million in actual and punitive damages. C&G said it planned to appeal the multi million dollar verdict.

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September 14, 2010

Bicyclist Killed, Pedestrian Seriously Injured in Fresno

parkway-fresno.jpgA 60-year-old Fresno man died Sunday afternoon when his bicycle was struck by a BMW driven by a suspected impaired driver in Fresno, the Fresno Bee reported. The victim, Ignacio Rebullosa, was riding his bike in the 900 block of North Parkway at about 2:20 p.m when he was struck. Rebullosa died at the scene of the crash. A 62-year-old man who was walking in the area was also struck, and had to have one of his arms amputated as a result of his injuries.

According to Fresno Police, the driver of the BMW, Kenneth Alameda, 45, has a criminal history of drug related charges. Alameda is currently undergoing a mental evaluation at Community Regional Medical Center. Toxicology tests are pending to confirm whether alcohol and/or drugs were a factor in the September 12th accident. After the accident, Alameda reportedly threw beer bottles at an officer, who had to deploy a bean bag projectile to subdue him.

Cause of the Accident

If news reports are accurate, Alameda is likely responsible for both seriously injuring the pedestrian and killing Rebullosa. However, the cause of the accident remains under investigation by Fresno Police.

Personal Injury and Wrongful Death Liability

If it is determined that Alameda caused this accident by driving under the influence of alcohol or drugs, or a combination of both, he may be liable for the catastrophic injuries sustained by the pedestrian and the death of Rebullosa. While this accident remains under investigation, the family members of both victims may benefit from speaking to a knowledgeable California personal injury attorney about their rights in a personal injury or DUI accident wrongful death claim. If the drivers was uninsured or did not carry enough insurance coverage to fairly compensate the two victims, a skilled lawyer may be able to help the victims recover compensation from their own insurance policy, if they had one.

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September 13, 2010

Sunnyvale Husband and Wife Killed in Head-on Collision on Highway 152

CA-152.jpgA married Sunnyvale husband and wife were very tragically killed Saturday morning when the vehicle they were riding in was struck by an out-of-control pickup truck, Mercury News reported. The fatal accident occurred on State Route 152 in Santa Clara County, close to the San Benito County Line, at about 9:50 am. According to news reports, Jonathan Page, 32, and his wife Yu Wang, 29, both of Sunnyvale, were travelling eastbound on Highway 152, east of Bell Station Road. At the same time, a 45-year-old Aptos man driving a Ford pickup truck, was travelling westbound. For reasons not known, the driver of the Ford lost control of his vehicle and entered eastbound lanes, colliding head-on with the Civic. Both Page and Wang died upon impact. The Aptos man driving the Ford was reportedly not hurt.

Cause of the Highway 152 Crash

The cause of the fatal September 11th head-on collision remains under investigation by the CHP. However, if news reports are accurate, the occupants of the Honda were not responsible for this accident. The crash was likely either caused by the driver of the Ford, or some mechanical malfunction in his vehicle that caused him to lose control. In the course of the investigation, the CHP will look at factors such as speeding, driver impairment, distraction (such as a cell phone or GPS device), fatigue (falling asleep at the wheel), and any other causes.

Head-on Collisions and Wrongful Death Liability

In situations such as this September 11th Santa Clara County crash, where the two victims of a crash were likely not at fault, the family members of the victims would be well-advised to contact an experienced California wrongful death lawyer. An attorney experienced in the unique issues of head-on collisions will be able to compassionately help the victims' families protect their legal rights, and ensure that they receive the maximum compensation they are entitled to receive for their devastating and unexpected loss. Although no amount of money could every bring loved ones back, or ease the pain of a loss, compensation can hold at-fault parties financially accountable for funeral and burial expenses, lost earnings of the decedents, and loss of love, care and companionship of family.

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September 10, 2010

At Least Four People Killed in San Bruno Gas Line Explosion

The San Mateo County Coroner has reported at least four people are dead and 52 people were hospitalized as a result of a gas line explosion in San Mateo County. Seven people were reportedly listed in critical condition Thursday night. San Bruno Fire Captain Charlie Barringer told news outlets the death toll is expected to rise as firefighters inspect the homes destroyed by the blaze, resulting from a gas line explosion.

san-bruno-explosion.jpg
What Happened?

According to CBS 5 News, at about 6:14 p.m. on Thursday, September 9th, a 24 inch gas main exploded in the residential community of San Bruno, just a few miles from the San Francisco International Airport. The incident occurred in a neighborhood near Skyline Boulevard and San Bruno Avenue, close to Interstate 280.
About 200 firefighters across the Bay Area responded to the six-alarm fire that damaged as many as 120 homes, and completely destroyed more than 50. The scene was described as "apocalyptic" and some thought a plane had crashed in the area, or a massive earthquake rattled the bay area.

Natural Gas Explosions and Personal Injury Liability

Mercury News reported that some residents in the San Bruno area reported a strong smell of gas last week. Pacific Gas & Electric responded at the time, although it was not clear what was done. In regards to the September 10th explosion, PG&E said in a statement, "If it is ultimately determined that we were responsible for the cause of the incident, we will take accountability."

Compensation for Injured Victims

The California Public Utilities Commission is investigating the cause of the explosion. While this explosion remains under investigation, family members of anyone who has suffered serious injury or wrongful death would be well-advised to contact a California personal injury lawyer as soon as possible. Natural gas explosions have very complex legal issues. Although they are rare events, the results can be absolutely catastrophic, as we have seen in this most recent event in San Bruno. Many people suffered catastrophic burn injuries as a result of the fire caused by the explosion. If you or a family member was involved in this explosion, contact an experienced natural gas explosion personal injury attorney as soon as possible. Estey Bomberger is providing free telephone consultations to families of victims injured in this explosion. To learn more about your legal rights to compensation for your injuries, lost earnings, pain and suffering, and damage to your home, call us at (800) 724-3817 or fill out our consultation request form.

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September 9, 2010

Casa Grande High School Cross Country Runners Struck by Teen Driver in Marked Crosswalk

Two cross-country runners sustained serious injuries Wednesday afternoon when they were a struck by a vehicle in a Petaluma crosswalk, the Santa Rosa Press Democrat reported. The incident occurred at about 4:15 p.m. on Sonoma Mountain Parkway at Monroe Street.

sonoma-mountain-parkway.jpgAccording to news reports, a group of runners was jogging along Sonoma Mountain Parkway when one of the runners activated the pedestrian crossing lights at the intersection. Two vehicles travelling south on Monroe Street stopped, but a 16-year-old girl driving a blue Ford pickup failed to stop, and struck two runners at about 40 mph. The two-teens that were struck, a 15-year-old boy and a 17-year-old girl, tried to jump out of the way, but were hit by the sides of the vehicle. The boy was taken to Santa Rosa Memorial Hospital, and the girl was taken to Petaluma Valley Hospital. Both students reportedly were alert and conscious when emergency crews arrived.

Cause of the Pedestrian Accident

Police are still investigating the cause of the accident. However, if news reports are accurate, this crash was likely caused by the teen driver who failed to stop at the crosswalk. Under California Vehicle Code Section 21950 "Right of Way at Crosswalks" (c), "The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian." This section of the vehicle code gives pedestrians using a crosswalk the right-of-way.

Pedestrian Injury Liability

In situations such as this September 8th Petaluma pedestrian accident, where another driver is suspected of causing an accident, the family members of the injured victims would be well-advised to talk to a California pedestrian injury lawyer about the accident and the potentially unique legal issues involved. If the driver was at fault, she may be liable for the injuries sustained by the two teen runners, including their medical expenses, any lost earnings, pain and suffering, and other related damages. An attorney who has represented numerous victims of pedestrians struck in crosswalks can help the injured victims and their families protect their rights to ensure they receive the maximum compensation they may be entitled to receive following this accident.

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September 8, 2010

Clovis Man Killed in Rollover Crash on Highway 168

CLOVIS - An 18-year-old Clovis man was killed early Sunday morning in a rollover accident on Highway 168, the Fresno Bee reported. The accident was reported at 12:48 a.m. near Shepherd Avenue. The victim, Nathan Ray, 18, was driving on Highway 168 when for unknown reasons, his vehicle went off the road and struck a telephone pole. Ray was taken to Community Regional Medical Center, where he died. The cause of the crash is under investigation by the CHP.

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September 7, 2010

Three People Hurt in Labor Day Car Crash in Palm Springs

palm-canyon.jpgThree people were taken to hospitals with injuries ranging from minor to moderate following a three-vehicle collision Monday afternoon in Palm Springs near the Smoke Tree Commons Shopping Center, the Desert Sun reported. The September 6th injury car accident was reported at about 4:40 p.m. on E. Palm Canyon Drive near Sunrise Way in Palm Springs. Based on the very limited information provided in news reports, it is unclear what happened to cause this three-car crash and who was responsible.

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September 7, 2010

Bakersfield Woman Hurt in Alcohol-Related Crash

truxtun-ave.jpgA 21-year-old Bakersfield woman reportedly suffered moderate injuries in a suspected alcohol-related accident just after midnight early Saturday morning in Bakersfield, the Bakersfield Californian reported. The woman, who was not identified, was a passenger in a 2002 Saturn driven by a 21-year-old Bakersfield man. According to news reports, the driver of the Saturn was travelling westbound on Truxtun Avenue under the Freeway 99 overpass. The driver apparently struck the north curb line just east of Bahamas Drive and then crossed the center divider and struck an eastbound vehicle head-on. The occupants of the other vehicle were apparently not injured. The 21-year-old woman riding in the Saturn was pinned and unconscious. Paramedics and firefighters extricated her and transported her to Kern Medical Center.

Cause of the Crash

Bakersfield Police are still investigating the cause of the Kern County accident. Any witnesses are asked to contact the Bakersfield Police Department at (661)327-7111. However, if news reports are accurate, this crash was likely caused by the driver of the Saturn, who was arrested for driving under the influence of alcohol causing injury.

DUI Accidents and Personal Injury Liability

In cases such as this one, where a passenger suffers injuries in an accident believed to be caused by a suspected impaired driver, the injured victim has legal rights. While this injury accident remains under investigation, the family members of the injured victim would be well-advised to talk to a California personal injury lawyer. An attorney who has represented numerous injured passengers in alcohol-related car accidents can help the victim protect her unique legal rights and ensure she receives the maximum possible compensation for her injuries, including her medical expenses, lost earnings, and pain and suffering.

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September 7, 2010

Victorville Woman Killed, Others Injured in Highway 395 Rollover Crash

US-395.jpgA 36-year-old Victorville woman died Monday in a crash on Highway 395 in San Bernardino County, the Victorville Daily Press said. The victim, Patricia Rodriguez, was a passenger in a 2003 GMC Yukon travelling south on Highway 395. According to news reports, at about 12:12 p.m., about two miles south of Bear Valley Road, the driver of the Yukon, Sergio Rodriguez, swerved to avoid rear-ending a slow-moving Chrysler PT Cruiser and apparently overcorrected. The SUV overturned several times and came to rest on its roof.

The San Bernardino Sun reported paramedics pronounced Rodriguez dead at the scene of the accident at 12:23 p.m. Other occupants of the SUV, including several children, were taken to local hospitals with moderate to major injuries. It was unclear how many people were in the SUV; the San Bernardino Sun reported there were eight or nine occupants in the vehicle.

This tragic fatal accident occurred in one of the most dangerous stretches of highway in the United States, the stretch of Highway 395 from Interstate 15 to Adelanto. Just this year, 10 people have died in this stretch of Hwy 395 in head-on collisions, SUV rollover accidents and other serious accident. In 2009, there were six deaths in this stretch of road. The Victorville Daily Press reported that skid marks from this September 6th accident intersected with an accident in April that killed a 27-year-old man.

Highway 395 Accidents & Personal Injury Liability

The San Bernardino Sheriff's Department is investigating the fatal SUV rollover accident. While the cause of the San Bernardino County accident remains under investigation, the family members of the victims of this crash may benefit from speaking to an SUV rollover lawyer about this Highway 395 crash and the unique liability issues involved. If negligence, a mechanical defect in the vehicle or a dangerous road condition was a factor in this crash, a skilled and knowledgeable attorney can help the victims recover the compensation they may be entitled to for their injuries or loved one's wrongful death. In cases such as this one, the injured passengers may be entitled to compensation for their medical treatment expenses, rehabilitation, lost earnings (if applicable) and pain and suffering.

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September 1, 2010

Teenager Crossing Street Struck and Killed by Car in Lodi

lodi-accident.jpgA 14-year-old Acampo girl died early Wednesday morning after she was struck by a vehicle in Lodi, CBS 13 News reported. The San Joaquin County pedestrian accident occurred around 5:45 a.m. on East Highway 99 Frontage Road just north of Woodbridge Road. The girl, who was not identified, was apparently crossing the road with her sister to catch a school bus when she was struck. Her sister, who made it across the road and was not hurt, witnessed the accident. The victim was airlifted to Lodi Memorial Hospital with major injuries, where she died.

Cause of the Accident

The cause of the accident remains under investigation by the CHP. Based on the limited information provided in news reports, it is not clear why the girl was struck. The CHP will surely look at the speed of the vehicle, possible driver impairment or distraction, evidence of braking, such as skid marks, and other factors in determining whether the driver could have prevented the fatal pedestrian accident. At this point, there are more questions than answers as to what happened and why.

Pedestrian Accident Liability

Whenever a pedestrian is struck by a moving vehicle there is always the potential of very serious injury. Pedestrians do not have the protection of a seatbelt, airbag, or steel walls of a vehicle, or even a helmet that a cyclist may have. If the driver of the vehicle is determined to be responsible for the crash, he or she may be liable for the victim's death, including funeral and burial expenses, loss of love, care and companionship and other accident-related expenses. In situations such as this September 1st Lodi pedestrian accident, the parents of the victim may benefit from speaking to a California pedestrian accident lawyer about their legal rights following this accident. A knowledgeable lawyer can review the facts of the accident, explain the unique legal issues relevant to a potential wrongful death claim, and advise the victim's family of their best course of action going forward to protect their rights.

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