California Injury Lawyer Blog

TULARE COUNTY -- A devastating bus accident in the city of Porterville left a woman killed and several injured. According to the Porterville Recorder, Tashia Laird, 27, of Porterville, was a passenger in a Dodge Neon that rear-ended a bus on Highway 190 and Jay Street around 2:25 a.m. Sunday. Police officials indicated the driver of the Dodge was traveling at a high speed before the crash, and believe alcohol may have been a factor.

Following the collision, Laird was reported to have died at the scene, while the driver of the Dodge, Francisco Luna, 26, of Strathmore, and another passenger, Omar Ibarra, 21, of Lindsay, sustained major injuries and were airlifted to Community Regional Medical Center in Fresno. Five passengers on the bus complained about pain and were transported to Sierra View District Hospital for further treatment.

Cause of the Crash in Porterville

The accident on October 16th remains under investigation by the Porterville Police Department. However, based on the information provided by the Fresno Bee and the Porterville Recorder, it appears the driver of the Dodge Neon may be at fault for traveling at a high rate of speed before the crash and the speculation that alcohol might have been a factor. Therefore, occupants inside the car and on the bus may have had no way to prevent or avoid this terrible collision.

Bus Accident Personal Injury and Wrongful Death Liability

While the investigation of this accident is ongoing, victims or the family of the victims would be well-advised to contact either a California personal injury lawyer or a California wrongful death attorney. An attorney who has handled collisions involving automobiles and busses, can advise the injured victims or the family of the deceased victim of their legal rights, and decided the best course of action to recover the maximum compensation they are entitled to for medical care expenses, funeral/burial costs, lost earnings, pain and suffering, and other related damages in this horrible bus accident.

Continue reading "One Killed, Several Injured in Porterville Bus Crash on Highway 190" »

FRESNO COUNTY--A monthlong trial ended today when a Fresno County jury awarded $7.2m to the family of the Highway 99 big rig accident victim.

On April 2009, John Haen, who was the volunteer driver for the Sierra Pines Church bus, was in the process of refueling the bus after it had run out of gas when two big rigs collided and slid into the nearby bus and Haen.

One of the children onboard was Haen's nephew, Bodie Young, who was awarded $514,000 for pain and suffering related to depression and post traumatic stress disorder that he has suffered from witnessing his uncle's death.

Jurors awarded Haen's wife Sheryll Haen, herself a victim of the 1976 Chowchilla school bus kidnapping, $6.7 million for pain and suffering and loss of love and financial support as a result of the death of her husband.

During the trial, jurors heard testimony about how the particular nature of this accident exacerbated the pain and suffering for Sheryll Haen who had recently overcome, with the help of her late husband, a lifelong fear of buses as a result of the childhood kidnapping.
Although the attorneys for defendants Logos Group Inc. and Triple E Produce considered the Chowchilla kidnapping irrelevant to the current case, Judge Donald Black allowed the testimony.

All the parties did agree that the verdict was a fair settlement.

Truck Accident Personal Injury Liability
In cases that are complicated by factors external to the accident itself, as well as truck accidents that involve multiple defendants, a victim or their family will greatly benefit from working with an experienced truck accident attorney. The attorneys at Estey Bomberger are happy to help provide a free consultation to review your case and discuss factors that will determine what is a fair settlement for you.

Continue reading "Fresno Jury Awards $7m to Hwy 99 Victim's Family" »

SOUTHEAST FRESNO - Two Fresno Area Express (FAX) bus passengers were injured Wednesday after the bus they were riding on collided with a car in Southeast Fresno. The accident was reported at Kings Canyon Road and Winery Avenue. The extent of the victims' injuries, as well as the cause of the crash, was not clear. Police are investigating the cause of the May 18th Fresno bus accident.

While this accident remains under investigation, the injured victims or their family members would be well-advised to speak with an experienced and knowledgeable Fresno injury lawyer, who can advise them of their legal rights and options to recover compensation for their injuries. Damages awarded in a personal injury claim may include medical care and rehabilitation expenses, lost wages, pain and suffering, and other accident related expenses.

Continue reading "Two Fresno Bus Passengers Injured in Collision " »

MERCED - A 30-year-old motorcyclist tragically died Friday morning following a collision with a school bus on Grogan Avenue, the Merced Sun Star reported. The accident occurred at about 7:55 a.m. on May 16th near MacCready Drive. According to reports, the victim, Samuel Martinez, was travelling westbound on Grogan Avenue, when bus driver Sophia Madrid, 42, pulled out of the parking lot and into the path of Martinez's motorcycle. Martinez struck the driver's side of the bus and died at the scene of the crash. No children were on board the bus at the time of the accident and no one else was injured.

Cause of the Fatal Motorcycle Accident

The Merced Police Department is investigating the circumstances of the accident and so far, the bus driver has not been arrested or cited. However, that could change pending the investigation. Based on the news reports, it is unclear why the bus driver did not see Martinez's motorcycle in time to avoid pulling out in front of him. Hopefully, the investigation by police will reveal what happened and who was responsible.

Fatal Motorcycle Accident Wrongful Death Liability

If it is determined that the bus driver was responsible for this accident, the school district employing the driver and other parties as well could be liable for the motorcyclist's death. Accidents such as this one involving school buses have unique legal implications when it comes to handling an insurance claim. While this accident remains under investigation, the family members of the victim would be well-advised to contact an experienced and knowledgeable northern California motorcycle accident lawyer. An attorney who has handled numerous claims against school districts will be able to advise the victims' family of their legal rights and options to pursue a claim, and advise them of their best course of action following this accident.

Continue reading "Motorcyclist Killed in Merced School Bus Crash " »

The 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.

Continue reading "Elderly Man in Crosswalk Struck and Killed by Monterey-Salinas Transit Bus " »

We are learning more details about the fatal July 22nd Greyhound bus crash on Highway 99 near Fresno. The multi-vehicle collision involved a Greyhound bus with 47 people on board, and a Chevy Blazer SUV. The bus had left Los Angeles en route to Sacramento around 6 p.m. Wednesday. After making a stop in Fresno, the bus crashed at 2:14 a.m., when the driver swerved to avoid an overturned minivan and struck a concrete center divider near the McKinley Avenue offramp before colliding with the Chevy Blazer.

Six people died in the crash, including the driver of the bus, James Jewett, 57, of Sacramento, and three occupants of the Chevy Blazer, Stephenie Cordoba, 20, and Vanessa Gonzalez, 19, both of Fresno, and Sylvia Lopez Garay, 18, of Dinuba. The two other victims were passengers on the overturned bus, Epifania Solis, 60, of Madera and Thomas Ponce, 79, of Mexico. At least three people were hospitalized with very serious injuries.

Continue reading "Victims of Central Valley Greyhound Bus Crash Identified" »

At least six people died early Thursday morning when a Greyhound bus carrying 47 people from Los Angeles to Sacramento crashed on Highway 99 in the Central Valley, authorities reported. Dozens more were injured in the crash, which occurred at about 2 a.m., when the driver of the Greyhound swerved to avoid an overturned minivan and struck the concrete divider, and then another vehicle before colliding with a tree.

Anyone seeking information about friends or family on the bus may call Greyhound's information line at (800)972-4583.

Bus Accidents and Common Carrier Duty of Care

Bus drivers and bus companies are held to a higher duty of care than drivers of passenger vehicles, because the Federal government has created strict regulations in regard to the liability owed to passengers injured when using a common carrier. The guidelines to determine whether or not a carrier is a common carrier are set forth in the California Book of Standard Civil Jury Instructions. The determining factors include whether the carrier maintains a regular place of business for the purpose of transporting passengers or property, whether the carrier advertises its services to the general public, and whether it charges fees for its services.

Personal Injury and Wrongful Death Liability

While this Fresno Greyhound bus accident is under investigation, the family members of the victims would be well-advised to contact a California personal injury lawyer as soon as possible to protect their rights in a personal injury or wrongful death claim. The lawyers at Estey Bomberger have recovered millions for bus accident victims in California, and offer a free, no-obligation consultation to help you understand and protect your legal rights.

Continue reading "Six Killed, 34 Injured in Greyhound Bus Crash in Fresno " »

A man who climbed out of his sports-utility vehicle after a rollover accident on Highway 1 was struck by a bus Thursday morning, authorities reported. According to the CHP, the 51-year-old man initially had been driving about 55 mph on northbound Highway 1 (the Cabrillo Highway), near the 12th street exit when he saw brake lights ahead of him. In attempt to avoid a collision, he swerved suddenly, causing his SUV to rollover. The vehicle was still in the traffic lane when he climbed out of it. He was then struck by a MST bus en rounte from Monterey to San Jose. The accident occurred before 5:30 a.m., when it was still dark. The bus driver suffered minor injuries. The driver of the SUV suffered major injuries including multiple broken bones and was taken to Community Hospital of the Monterey Peninsula.

Injury and Liability Issues

The California Highway Patrol is investigating the April 8th accident. Accidents like this one - where somebody survives one accident and then is struck by another passing vehicle are more common than you'd think. Whenever a vehicle is disabled in the roadway, there is the potential for another collision. This is how a lot of multi-vehicle pileup or "chain reaction" collisions begin. Poor visibility situations, at night, in fog, rain or snow, increase the likelihood of accidents and injuries. In this situation, the victim injured would be well-advised to speak to a California personal injury attorney as soon as possible. Depending on the circumstances, he may be entitled to compensation from the bus company for his injuries, loss of earnings and pain and suffering.

Continue reading "SUV Rollover Accident Survivor Struck by Monterey-Salinas Transit Bus on Highway 1 " »

Nine people were hurt early Tuesday, January 5, 2010, when a San Francisco Municipal Railway bus collided with a small truck shortly after midnight. The bus accident occurred near 18th Street and De Haro Street. The collision forced the bus off the roadway and into some nearby bushes.

Seven people were taken to a nearby hospital with moderate to serious injuries, including the driver of the inbound Polk-19 bus. The driver of the truck, who suffered serious injuries, was pinned in his vehicle and had to be extricated by rescue crews. The cause of the crash is under investigation by Muni officials and the San Francisco Police Department. Muni officials have not yet commented on the San Francisco Municipal Railway bus crash.

Thankfully, everyone survived this crash, and hopefully, everyone involved will fully recover from their injuries. Based on the initial reports in the San Francisco Chronicle, it is impossible to tell what caused this collision, why the bus and the truck collided. Was there something mechanically wrong with the bus, or did the driver suffer a medical condition? Was the driver of the other truck drunk, reckless or negligent? Was the bus driver distracted or negligent on his part? The investigation will hopefully answer these questions and determine what caused this accident.

Continue reading "Nine People Hurt in San Francisco Muni Bus Crash " »

Torrance Police are investigating a tragic accident that killed a bus passenger exiting a bus in Torrance on Thursday afternoon. A man in his 40's slipped and fell November 19th after exiting the bus and stepping onto the sidewalk, and fell backwards under its wheels. The bus then ran over the man, who died at the scene of the accident. The fatal accident occurred at 4:30 p.m. at Torrance and Crenshaw Boulevard.

Determining who is responsible for a bus vs. pedestrian accident can be complex, and no determination has been made as to who was at fault for this fatal accident. More than one party may ultimately be responsible, including the transit company, the bus driver, maintenance companies, and city and county governments. An attorney can help you determine which parties are responsible for your injuries by hiring an independent investigator.

Continue reading "Man Exiting Bus Fatally Injured by Torrance Transit Bus " »