December 2010 Archives

December 30, 2010

Marin County Jury Awards Injured Elevator Mechanic $11.7 Million

In personal injury news, a jury in Marin County has awarded an injured elevator mechanic $11.7 million. The victim, David Travis, of Oakland, was injured in 2007 while working on the construction of an Extended Stay hotel in San Rafael. Travis, who was 38 at the time of the accident, was reportedly forced to work under scaffolding with a foot lower clearance than required by California regulations. Travis suffered herniated discs that compressed his spinal cord, and struck his head numerous times on cross-bracing. He suffers from neurological pain and constant burning and numbness, and must wear diapers. The jury found the defendant, general contractor Bison Builders, based out of Spokane, Washington, responsible for 75% of the damages.

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December 29, 2010

Child Killed in Collision on Northbound Interstate 15

I-15.pngAn 11-year-old boy was very tragically killed Tuesday after a crash on Interstate 15 in Riverside County, the San Bernardino Sun and Orange County Register reported. The accident was reported at 10:22 a.m. on Tuesday, December 28, 2010. The victim, identified by the San Bernardino County Sheriff-Coroner Department as Joshua Archila, an 11-year-old resident of Orange, was a right rear passenger in a Toyota Camry that was struck from behind by a 2006 Ford F-150 truck. Archila was taken to Loma Linda University Medical Center, where he died. Several other people were seriously injured in the collision.

Accidents such as this one are devastating and heartbreaking, and understandably cause unimaginable anguish. Our condolences go out to the family and friends of Joshua Archila, and everyone who knew him and loved him. Please keep his family in your prayers during this surely very difficult time.

Cause of the Interstate 15 Accident

The California Highway Patrol is the agency investigating this fatal Riverside County accident. It is not known if alcohol or drugs played a role in the collision. The news reports provide only limited details as to what happened, and it is unclear why the Ford truck rear-ended the Toyota Camry. It is possible that the driver of the Ford is responsible for causing this crash. Hopefully, the investigation by the CHP will provide answers as to what happened and why, and who was responsible for the collision.

Car Accident Wrongful Death Liability

If it is determine that the driver of the Ford is responsible for causing this crash, the family may be entitled to claim compensation for their loss in a wrongful death claim. Although no amount of money could ever ease the pain of a sudden and unexpected death of a child, a wrongful death claim can ease the financial burdens of a loss and hold the at-fault party accountable financially. Depending on the circumstances of the accident, the family may be able to recover damages for final medical care expenses, funeral and burial expenses, anticipated future earnings the child would have earned over the course of his lifetime, and loss of love, care affection and companionship. After a tragic loss such as this one, the family may consider speaking with a knowledgeable and understanding California wrongful death attorney who can advise them of their legal rights following this accident.

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December 21, 2010

Ventura Teenager Critically Injured in Crosswalk Accident

loma-vista.jpgA 16-year-old Ventura girl was very seriously injured Sunday afternoon when she was struck by a car in a Ventura crosswalk, the Ventura Breeze reported. The accident was reported just before 3 p.m. at 3291 Loma Vista Road, at the intersection of Loma Vista and St. Paul Drive. According to the Ventura Police Department, when officers arrived they discovered a westbound vehicle struck the victim, a 16-year-old girl, while she was crossing the crosswalk. The victim, who wasn't named, suffered several broken bones and a concussion. The driver of the vehicle was identified as Steve Kass, 85, of Ventura.

Cause of the Ventura Pedestrian Accident

The Ventura Police Department is continuing to investigating this December 19th accident. Witnesses told police that the amber warning lights embedded in the pavement were activated when the victim crossed the street with her friends. Under California Vehicle Code Section 21950: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection..."

Pedestrian Accident Personal Injury Liability

After this accident, and any car vs. accident that occurs in a marked crosswalk, the injured victims or their family members would be well-advised to consult with an experienced and knowledgeable California pedestrian accident attorney. If the driver was negligent and caused this crash, the injured victim may be entitled to financial compensation for her injuries, including all medical care treatment costs and expenses, as well as pain and suffering. A lawyer can also investigate other car vs. pedestrian accidents at the same location, and the possibility that a dangerous road condition could have been a factor, in which case the city or county could also be liable. Because of strict time limits to pursue a claim for injuries in California, it is advisable to speak to a lawyer as soon as possible following any injury accident.

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December 16, 2010

Woodlake Man Killed in Motorcycle Crash Near Ivanhoe

ave-328.jpgA 24-year-old Woodlake man was tragically killed Sunday afternoon in a car vs. motorcycle accident near Ivanhoe. The motorcyclist, Jose Campos, 24, was travelling eastbound on Avenue 328. At the same time, Mario Ramos, 21, of Farmersville, was driving a two-door 1996 Saturn southbound on Road 156. According to the CHP, the driver of the Saturn stopped at the intersection prior to crossing Avenue 328. However, the Saturn collided with Campos' motorcycle. Campos did not have a stop sign at the intersection.

The impact of the collision caused Campos to be ejected from his bicycle. He was flown to Community Regional Medical Center in Fresno where he died of his injuries. Two passengers in the Saturn, Francisca Ramos, 39, and Adrian Ramos, 19, both of Farmersville, were taken to Kaweah Delta Medical Center with minor injuries. The driver, Mario Ramos, and another passenger, Ismael Ramos, 39, both refused medical treatment.

Cause of the Fatal Motorcycle Accident

The CHP is investigating the cause of the accident. Based on the news reports, it is unclear why the driver of the Saturn pulled out in front of the motorcyclist at the stop sign intersection. Under California Vehicle Code Section 21802 (a) "The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety." In this situation, it appears that the driver of the Saturn should have stopped, and may be responsible for causing this accident for failing to do so.

Possible Wrongful Death Liability

If the driver of the Saturn is determined to be responsible for this accident, he may be liable for the wrongful death of Jose Campos. Without more information, it is not possible to tell exactly what happened and whether the driver is responsible. However, in any accident such as this one, it would be certainly advisable for the family members of the victim to speak with a knowledgeable California motorcycle accident attorney about the accident and the victim's family's legal rights. Depending on the circumstances of the accident, the family may be entitled to compensation in a wrongful death claim for the victim's final medical expenses, funeral and burial expenses, anticipated lost earnings and benefits the decedent would have earned over his lifetime, and loss of love, care, and companionship.

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December 14, 2010

Motorcyclist Critically Hurt in El Monte Crash

santa-anita-el-monte.jpgA motorcyclist was critically injured in a collision with a vehicle Saturday evening in El Monte, the San Gabriel Valley Tribune reported Monday. The accident was reported at 5:17 p.m. at the intersection of Santa Anita Avenue and Bryant Road on December 11, 2010. The motorcyclist, who was not identified, suffered major head trauma and was taken to Los Angeles County - USC Medical Center. The cause of the El Monte motorcycle accident remains under investigation.

Los Angeles County Motorcycle Accidents & Personal Injury Liability

News accounts provided very little details about what happened to cause this accident. If it is determined that the driver of the vehicle caused this crash, the severely injured motorcyclist may be entitled to financial compensation in a personal injury claim for medical care and treatment, lost earnings and wages, and pain and suffering. In any accident resulting in serious injuries, such as this motorcycle accident in El Monte, it is always advisable for accident victims and their families to seek a consultation with an experienced and knowledgeable Los Angeles motorcycle accident attorney who can review the victim's rights in a potential claim.

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December 8, 2010

Woman Struck by Car in Whittier Crosswalk

A woman suffered major injuries after she was struck by a car Tuesday afternoon in Whittier, the Whittier Daily News reported. The accident occurred at about 2:45 p.m. on December 7, 2010, at the intersection of Philadelphia Street and Painter Avenue. The pedestrian, identified as a 55-year-old Downey woman, was in the crosswalk when she was struck by a car making a left turn from westbound Philadelphia Street to Southbound Painter Avenue. The injured pedestrian was flown by helicopter to Los Angeles County USC Medical Center, according to news reports.

Cause of the December 7th Accident

The Whittier Daily News provided very few details about this accident. However, based on the fact that the pedestrian was reportedly in a marked crosswalk, the driver of the vehicle may be responsible for the accident, if he or she failed to yield to the right of way of the pedestrian. Under California Vehicle Code Section 21950: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection..."

Pedestrian Accident Personal Injury Liability

In this situation, and in any situation where a pedestrian in a crosswalk is struck by a vehicle, the victim or family members of the victim would be well-advised to speak with a California pedestrian injury attorney - as soon as possible. An experienced lawyer who has represented numerous seriously injured victims of car vs. pedestrian accidents can advise the victim of her legal rights to recover financial compensation for medical expenses, lost earnings, pain and suffering, and other related damages.

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December 6, 2010

Pedestrian Struck at Beach Boulevard and Katella Avenue

beach-katella.jpgA 36-year-old man suffered serious injuries Sunday night when he as struck by a Ford Explorer in Orange County, the OC Register reported. The accident was reported at 10:03 p.m. at the intersection of Beach Boulevard and Katella Avenue in Stanton. According to authorities, the man, who was not identified, was crossing the road when he was hit by a Ford Explorer driven by a 35-year-old man, who also was not identified. The injured pedestrian was taken to the hospital with serious injuries, but is expected to survive.

Cause of the Stanton Pedestrian Accident

The cause of this accident remains under investigation. It is not clear whether the driver of the Ford Explorer was driving negligently, or if he could have done anything to prevent colliding with the pedestrian. It is also not clear where in the roadway the pedestrian was when he was hit.

Pedestrian Accident Personal Injury Liability

If it is determined that the driver of the Ford Explorer was responsible for this accident, the injured pedestrian will likely be entitled to pursue compensation for his injuries in a personal injury claim. Damages that the pedestrian may be entitled to may include medical care costs and expenses, lost earnings, pain and suffering, and other damages. Because the costs associated with caring for serious injuries can be great, it is always advisable for injury victims and their families to speak to a California pedestrian injury lawyer before accepting any settlement compensation offer from an insurer. Victims may be entitled to substantially more compensation than is initially offered.

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December 3, 2010

Pedestrian Critically Injured in Costa Mesa Crash

sunflower-stevens.jpgA 23-year-old Costa Mesa woman was hospitalized with a severe head injury following an accident Tuesday morning in Costa Mesa, the Orange County Register reported. The victim was a pedestrian that was struck by the flying wreckage of a broadside intersection crash caused by a 17-year-old driver running a red light. The accident was reported around 7:50 a.m. at the intersection of Sunflower Avenue and Stevens Avenue.

According to news reports, a 17-year-old male was driving westbound on Sunflower Avenue when he ran a red light at Stevens Avenue. His vehicle struck a car travelling northbound on Stevens and a car travelling southbound on Stevens. A woman standing on the corner was hit by flying debris and critically injured. No one else was seriously hurt.

Cause of the Accident

Costa Mesa Police are investigating the cause of the crash, and anyone who witnessed the collision is asked to call investigators at (714)754-5264. However, if news reports are accurate, it appears that the 17-year-old driver is likely at fault for failing to yield to a red light. Under California Vehicle Code Section 21453 (a): "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown."

Pedestrian Accident Personal Injury Liability

In this situation, it would be advisable for the family members of the injured pedestrian to contact an attorney - as soon as possible. As a bystander, the badly injured victim likely has rights to compensation for her injuries in a personal injury claim. An experienced California pedestrian accident lawyer who has handled numerous pedestrian bystander accidents can advise the victim and her family of their best course of action to protect their rights and recover maximum damages for medical care expenses, lost earnings, pain and suffering, and other damages related to the accident.

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