California Injury Lawyer Blog

In personal injury settlement news, a $2.7 million wrongful death settlement has been reached stemming from a fatal accident that occurred at a New Years Eve party in 2007 in Lakeview, Illinois. The victim, Michael Doyle, a 26-year-old financial trader and Cincinnati native, was attending a party with friends from college at the building where the accident occurred. Doyle tripped and fell head-first through a 2 foot by 8 foot gap in the railing, plunging three stories to his death. According to the Chicago Breaking News Center, six months prior to the accident, building management had been alerted by their insurance carrier that the gap in the railing should be closed with wire mesh. Bids were obtained to do the work but nothing had been corrected before the accident occurred. The settlement was reached with the building's management company, Kenard Management Corporation.

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Twenty-one children were hurt in May 2008 when the spinning Yo-Yo chair ride collapsed at the Calaveras County Fair. After a 10-month investigation, the California Department of Industrial Relations determined the ride had not been properly maintained, saying a damaged washer failed to hold a pair of nuts in place, causing the arms to crash.

This week, the AP reported that a family of five San Andreas children hurt in the ride collapse reached a settlement of nearly $3.4 million with Brass Ring Amusements, Chance Rides Manufacturing and North American Amusements. Attorneys for the family said one of the injured children suffered orthopedic injuries and permanent brain damage. The settlement was approved by a judge last Tuesday.

In October 2008, Chance Rides Manufacturing, based in Wichita, Kan., in cooperation with the Consumer Products Safety Commission issued a voluntary recall of about 85 Yo-Yo rides operating around the country.

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A 50-year-old Palm Springs man tragically was killed Thanksgiving Day when he was hit by a vehicle while walking on Sunrise Way, KPSP Local 2 News reported. The car vs. pedestrian accident happened just before 7 p.m. on Sunrise Way, about 200 feet north of Ramon Road. The victim, Jesus Cardova Diaz, was taken to Desert Regional Medical Center, where he died at 7:43 p.m. The driver, who was not injured in the accident, wasn't cited or arrested at the scene. The cause of the fatal Riverside County pedestrian accident remains under investigation.

Our condolences go out to Jesus Diaz and everyone who knew him and loved him. Please keep his family in your prayers during this surely very difficult time.

Pedestrian Accident Wrongful Death Liability

There are many factors that authorities look at to determine why an accident occurs. Based on the limited information in news reports, it is unclear whether the driver could have done anything to avoid this collision. It is also not clear where Diaz was in the roadway when he was struck. If the driver of the car was at least partially responsible for causing this pedestrian accident, he may liable for causing Diaz's death, and Diaz's family may be entitled to compensation from the driver's insurance policy for their loss. In situations such as this one, it would be advisable for the family of the victim to contact a California wrongful death lawyer as soon as possible - to discuss their legal rights and best course of action in handling communications with the insurance company following this devastating accident.

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CITRUS HEIGHTS - A 73-year-old woman was tragically struck and killed Wednesday night in a busy intersection, News 10 reported. The victim, Patricia Ann Erickson, was crossing the street at Auburn Boulevard and Halifax Street when she was struck by a white Nissan Altima heading northeast on Auburn Boulevard. The fatal car vs. pedestrian accident was reported around 7:15 p.m. on Wednesday, November 24, 2010. Erickson was taken by ambulance to Mercy San Juan Hospital where she died of her injuries. According to the Sacramento Bee, it was not clear whether Erickson was in the crosswalk when she was struck. The incident remains under investigation.

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Two people were injured Monday in a head-on collision near Yountville, the Napa Valley Register reported. The injury accident happened shortly before 5 p.m. on Monday, November 22, 2010. According to news reports of the incident, Iveth Guetierez, 29, of Napa, was driving a 2000 Volkswagen Jetta southbound on the Highway, while at the same time, Janice Craven, 72, of St. Helena, was driving northbound in a 2007 Hyundai Sonata. For reasons still under investigation, Guetierez lost control of her vehicle and drifted across double yellow lines and collided with Craven's northbound vehicle. Both Guetierez and Craven were taken by ambulance to Queen of the Valley Medical Center.

Cause of the Head-on Collision

The California Highway Patrol is continuing to investigate the Napa head-on crash. Based on the limited information in news reports, it is not clear what caused Guetierez to lose control of her vehicle. Alcohol was reportedly not a factor in the collision. If news reports are accurate, the driver of the Sonata likely could have done nothing to prevent this crash. Accidents likely this one are very often caused by driver distraction, but there are dozens of possible causes. Without more information, it is impossible to tell what happened.

Car Accident Personal Injury Liability

While the crash remains under investigation, the family of Janice Craven may benefit from speaking with a knowledgeable and experienced California car accident lawyer about the victim's rights in a personal injury claim. If negligence was a factor in the crash - either on the part of the driver, the manufacturer of the vehicle, or even the agency responsible for maintaining the highway, the injured victim may be entitled to compensation for her injuries. A skilled lawyer who has represented numerous victims of head-on crashes on state highways can advise the victim of her best course of action to protect her rights and recover the maximum compensation she may be entitled to for her injuries.

Continue reading "Two People injured in Highway 29 Head-On Crash Near Yountville" »

According to local news sources, five people were injured, including two critically, in a horrific head-on collision in Madera County on Sunday afternoon. The major injury crash occurred on Highway 145, just east of Road 33, just after 12 p.m. on Sunday, November 21, 2010, and involved two vehicles. According to the CHP, the driver of a green Pontiac lost control of the car for unknown reasons and struck another small sedan head-on. Both drivers had to be extricated by firefighters. At least two of the victims suffered major injuries and were airlifted to a Fresno hospital.

Cause of the Head-on Collision

Investigators at this point believe that the driver of the green Pontiac lost control, but it is not clear why. In the course of their investigation, authorities will surely look at vehicle speed, vehicle tire condition, and road conditions, in determining what caused this collision.

Head-on Crash Personal Injury Liability

Whenever a crash results in major injury, there is always the question of who is responsible for the resulting devastation. In situations such as this Madera County accident, the victims and their families would be well-advised to consult with an experienced California car accident lawyer about this accident and the unique legal issues involved. A skilled lawyer can help the victims and their families protect their legal rights and recover the maximum compensation they may be entitled to for their injuries, including medical care costs and expenses, lost earnings, pain and suffering and other related expenses.

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A crash likely caused by an unsafe left turn has left a 71-year-old Fresno man with major injuries, the Fresno Bee reported. The two-vehicle collision happened on Highway 41, north of Avenue 14 ½, at about 8:20 p.m. on Tuesday, November 16, 2010. According to the CHP, Maxwell Gross, 18, of Fresno attempted to turn a Jeep into a private driveway when he collided with a GMC driven southbound by Jim Gagliardi, 71, also of Fresno. Gagliardi suffered major injuries and was airlifted to Community Regional Medical Center, where he underwent surgery.

Cause of the Madera County Car Crash

The California Highway Patrol is the agency investigating the cause of the accident. Although the cause of the accident is still under invetigation, the CHP stated that the driver of the Jeep did not yield to the right of way of Gagliardi's vehicle. If news accounts of the incident are true, Gross is likely responsible for the collision. The law pertaining to left turns is found 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."

Car Accident Personal Injury Liability

In situations such as this one, where a car accident resulting in serious injury is suspected to be caused by another driver, the family of the injured victim would be well-advised to consult with a qualified California personal injury attorney. A skilled lawyer can help the victim protect their legal rights following the collision, and advise him of his best course of action to hold the at-fault driver and any other negligent parties financially accountable for medical expenses and pain and suffering resulting from the accident.

Continue reading "Fresno Man Seriously Injured in Madera County Left-Turn Crash on Highway 41 " »

A bicyclist suffered life-threatening injuries in a collision with a pickup truck Thursday night in Central Fresno, KFSN ABC Local News reported. The major injury accident happened just after 11 p.m. on Thursday, November 18, 2010, at the intersection of N. First Street and E Lamona Avenue. According to news reports, the cyclist, who wasn't identified, was struck by a Toyota pickup truck. The cyclist suffered major injuries and was taken to Community Regional Medical Center in downtown Fresno.

Cause of the Fresno Bicycle Accident

The cause of the incident remains under investigation. According to ABC News, police are saying speed does not appear to be a factor. Based on the news reports, it is unclear exactly what happened to cause this major injury accident, and who was at fault. Hopefully the investigation by law enforcement will reveal the circumstances that occurred to cause this collision, and who was responsible.

Bicycle Accident Personal Injury Liability Issues

Accidents involving bicycles have unique legal issues. There could be a number of causes of this accident, from possible driver or bicyclist impairment, to driver distraction, or even a defect in the bicycle or a dangerous road condition. In situations such as this one, where the cause of a car vs. bicycle accident is not clear, it would be advisable for the family members of the injured victim to contact an experienced and knowledgeable Fresno bicycle accident lawyer as soon as possible to help them understand and protect their legal rights following this devastating accident. If negligence of the driver or any party other than the cyclist caused or contributed to the accident, the injured cyclist may be entitled to compensation for his injuries, including medical care costs, lost earnings, pain and suffering and other related damges.

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A Los Angeles County man was tragically struck and killed while trying to cross Highway 119 Monday night, the Taft Midway Driller reported. The fatal Kern County pedestrian accident occurred on Highway 119 (Taft Highway), on the west side of the Interstate 5 overpass, just before 6:30 p.m. The Kern County Coroner identified the victim as Roberto Vela Alvarez, 56, of Huntington Park. The cause of the accident remains under investigation. According to the Midway Driller, Alvarez had previously run out of gas, and was walking from the Chevron Station back to his vehicle when he was struck by a westbound truck, thrown into eastbound lanes, and struck by another vehicle.

Who was Responsible?

Based on the very limited information provided in news reports, it is impossible to determine exactly what happened to cause this November 8th Kern County pedestrian accident, or who was responsible. At this point there are more questions than answers. How fast were the vehicles going that struck Alvarez? Could either driver have done anything to prevent the collision? Hopefully the investigation by the CHP will yield answers to these questions and determine exactly what happened.

Pedestrian Accidents and Wrongful Death Liability

Anytime a pedestrian crossing the road is knocked down and killed by a moving vehicle, there are numerous questions and potential liability issues. In situations such as this one, where the cause of a fatal pedestrian accident is unclear, the family members of the victim of a fatal accident would be well-advised to speak to a California pedestrian accident lawyer about their rights in a potential wrongful death claim. If the driver of the vehicle (or any other negligent party) is determined to be responsible for the accident, the family members of the victim may hold that party financially accountable for their loss, and may be entitled to damages for funeral and burial expenses, anticipated future earnings of the decedent, and loss of love, care and companionship.

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A 65-year-old Valley Center man working on a street repair crew was critically injured by a falling K-rail and died a short time later at Loma Linda University Medical Center., the Press-Enterprise reported. The accident occurred on the 400 block of East Washington Street in Colton, at about 10:15 a.m. on Monday, November 1, 2010. The victim, identified by the San Bernardino County Sheriff-Coroner as Dirk Vamoorot, died at 11:08 a.m. The cause of the industrial accident is under investigation by the San Bernardino County District Attorney's Office and Cal-OSHA. Based on the news reports of the incident in the Press-Enterprise and San Bernardino Sun, it is unclear what happened to cause Vamoorot to become crushed. At this point, there are more questions than answers as to what happened and who was responsible. Was this accident caused by another worker who wasn't paying attention, or did equipment malfunction? Hopefully, the investigation will yield answers as to what happened and who was ultimately responsible.

Work Injury Wrongful Death Liability

In this situation, Vamoorot's family will likely be entitled to worker's compensation benefits from his employer. However, worker's compensation benefits are inadequate to fully compensate family members for funeral and burial expenses, anticipated lifetime earnings, and loss of love, care, and companionship. While this accident is under investigation, the family of the victim would be well-advised to contact a California construction accident attorney who specializes in representing families of victims of fatal construction accidents. A skilled lawyer can review the accident, and determine who may be liable in a third-party negligence claim - employers, contractors, and even government agencies. These are specialized wrongful death claims with unique and often challenging liability issues. However, an action outside of worker's compensation benefits can substantially compensate the family for their loss and hold whoever was responsible for this accident financially accountable.

Continue reading "Worker Killed by Falling K-Rail in Colton " »

TRACY - A woman suffered serious injuries Friday night when she was struck by a car while crossing Grant Line Road at Tracy Boulevard, the Tracy Press reported. The accident was reported just before 7:30 p.m. on Friday, October 29, 2010. According to police reports, the woman, who was not immediately identified, was struck by a vehicle heading east on Grant Line Road. The victim was airlifted to Memorial Medical Center and later to UC Davis with critical injuries. The cause of the accident remains under investigation by the Tracy Police Department.

Continue reading "Pedestrian Struck by Car in Tracy " »