California Injury Lawyer Blog

FRESNO - A tragic collision west of Fresno left one person dead and two others injured this morning. According to the Fresno Bee, a Chevrolet pickup driven by Stanley Martin, 58, of Fresno, veered from the eastbound lane of Shaw Avenue to the westbound lane and struck a Toyota Tacoma head-on. Following the accident, Martin was reported to have died at the scene, and the occupants in the Toyota were taken to Community Regional Medical Center with major injuries.

The crash that took place just west of Westlawn Avenue is being investigated by the
California Highway Patrol.

Liability for Fresno Head-On Collisions

Based on the limited information from the Fresno Bee, it is not evident whether factors such as speed, alcohol/drugs, negligence, distracted driving, or vehicle malfunctions caused or contributed to the accident. Thus, after a devastating crash such as this one, the victims or family members of the victims would be well-advised to seek a Fresno personal injury attorney. An attorney experienced in head-on collisions can help protect the legal rights of the victims by determining who may be responsible and financially liable, along with recovering the compensation they are entitled for the horrible damages that resulted from this May 4th car accident.

Continue reading "Two Seriously Injured in Fatal Fresno Car Accident" »

FRESNO COUNTY -- A pedestrian man in his late 30's was seriously hit by a vehicle at a Southeast Fresno intersection, ABC 30 News reports. The pedestrian, whose name was not available, was crossing at the intersection of Cedar and Butler around 7 p.m. when he was severely struck by a car. The driver of the vehicle failed to stop at the scene of the accident, and therefore, police officials are currently searching for a metallic blue Toyota SUV, which will have visible front-end damage.

Following the accident, the pedestrian was transported to Community Regional Medical Center where he is listed in critical condition.

Cause of the Hit-And-Run Pedestrian Accident

There is no excuse for a driver to leave the scene of the accident without identifying himself to the other parties involved in a crash and/or the proper authorities. Under the California Vehicle Code Section 20001(a): "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident." Therefore, while it is unclear as to how this accident happened, authorities will continue to monitor and investigate the situation and try and locate the hit-and-run driver.

Fresno Pedestrian Accident Injury Liability

Following a serious pedestrian accident such as this October 14th incident on Cedar and Bulter, the victim or the family of the victim would be well-advised to seek a skilled Fresno pedestrian accident lawyer to discuss the best course of action in pursuing a personal injury claim. An attorney who has handled hit-and-run collisions, can advise the victim of his legal rights, help in efforts to locate the driver, and help the victim recover the maximum compensation for medical care expenses, lost wages, pain and suffering, and other damages relating to this hit-and-run pedestrian accident.

Continue reading "Pedestrian Critically Injured in Southeast Fresno Hit-And-Run Accident" »

FRESNO COUNTY - A head-on collision Sunday evening left two people with serious injuries, the Fresno Bee reported. The accident happened on Conejo Avenue, just east of McCall Avenue at about 7 p.m. According to news reports, the driver of a Pontiac Grand Prix stopped on the shoulder of eastbound Conejo Avenue. When the driver reentered traffic, the vehicle collided head-on with a Ford Explorer. The Pontiac driver suffered two broken legs was airlifted to Community Regional Medical Center. The driver of the Explorer suffered bone fractures and internal injuries. The cause of the August 21st collision remains under investigation by the California Highway Patrol. According to the CHP, drugs or alcohol were not believed to be a factor.

Cause of the Accident

Based on the details provided in news reports, it is unclear what exactly happened here. CHP investigators will surely look at the speed of both vehicles and other factors in determining who was responsible for this collision. It is unclear if the driver of the Pontiac failed to yield to the right-of-way of the Explorer, or if the driver of the Explorer was speeding or swerved into the path of the Pontiac. Hopefully, the CHP investigation will reveal exactly what happened and why.

Fresno Car Accident Personal Injury Liability

While this August 21st Conejo Avenue head-on collision remains under investigation, the injured victims or their family members would be well-advised to speak with an experienced and knowledgeable Fresno car accident lawyer. An attorney who understands the unique legal issues of head-on collision car accidents can advise the victims of their legal rights to compensation for their injuries, including medical care and treatment expenses, lost earnings due to being unable to work, and additional damages for pain and suffering. As a general rule, it is advisable to speak with a Fresno personal injury lawyer as soon as possible following an accident, while important evidence and witness recollections can most easily be obtained.

Continue reading "Two People Injured in Head-On Collision Near Kingsburg " »

FRESNO COUNTY - A 35-year-old Lemoore man was tragically killed Wednesday morning in a head-on collision on Highway 41, the Fresno Bee reported. The victim, who was not identified, was driving a Jeep Wrangler southbound at Harlan Avenue when he tried to pass a slower moving vehicle at about 11 a.m. He slammed into a pickup truck and then struck a Dodge Neon and Chevy Cobalt. The impact caused the driver to be ejected and he died at the scene. Two people were taken to the hospital with unknown injuries. Traffic was stopped for three hours while emergency crews responded and authorities investigated the cause of the July 6th Highway 41 crash.

Continue reading "Driver Killed in Highway 41 Head-On Collision " »

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" »

COALINGA - A 26-year-old Westminster man died Friday afternoon when his vehicle drifted off Interstate 5, and down an embankment into the California Aqueduct, the Hanford Sentinel reported. The accident occurred on southbound Interstate 5, north of 25th Avenue, just before 5 p.m. For unknown reasons, the man allowed his 2001 Chrysler PT Cruiser across the center median and northbound lanes. His vehicle landed in the aqueduct. The man was pronounced dead at the scene shortly before 9:30 p.m. Alcohol and drugs did not appear to be a factor. The cause of the fatal May 20th Fresno County crash remains under investigation.

Continue reading "Westminster Man Killed in Crash Into California Aqueduct " »

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 " »

CLOVIS - A 70-year-old Friant man was killed in a solo-motorcycle crash Tuesday Afternoon on Auberry Road, the Fresno Bee reported. The accident was reported at about 2:45 p.m. on Tuesday, April 26, 2011. According to news reports, Arthur Laird, 70, of Friant was riding a Harley-Davidson when he crashed just south of Millerton Road. The cause of the accident is under investigation by the Clovis Police Department.

Continue reading "Friant Man Killed in Clovis Motorcycle Accident " »

CLOVIS - A car accident on Sierra Avenue in Clovis killed a 22-year-old man and injured two other people, ABC News reported. The accident occurred around 3 a.m. on Sunday, January 2, 2011 under the 168 Freeway. According to news reports, Jeff Anderson, 22, lost control of his Chevy truck and crashed into a concrete pillar and died at the scene of the accident. Two passengers were taken to Community Regional Medical Center, one with critical injuries. The cause of the fatal accident remains under investigation by the Clovis Police Department.

Continue reading "One Killed, Two Injured in Clovis Car Accident " »

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.

Continue reading "Clovis Man Killed in Rollover Crash on Highway 168 " »

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 " »

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 22-year-old Madera man died in an accident on Highway 99 near Adams Avenue, the CHP reported. The fatal Fresno County crash occurred around 12:30 a.m. Friday, May 21st. According to California Highway Patrol reports, a red mustang driven by Jonathon Moreno rear-ended a tractor trailer near Fowler. Moreno died at the scene. The driver of the big rig, who was not identified, was not hurt.

Investigators do not believe drugs or alcohol were a factor in the fatal accident, KMPH News said. This Hwy 99 accident is absolutely devastating and our sympathy goes out to the family of Jonathan Moreno and everyone who knew and loved this young man. Please keep his family in your prayers.

Truck Accident Liability Issues

This accident, the cause of which is still under investigation, raises a number of questions. Rear-end collisions involving semi-trucks and passenger vehicles have very unique legal issues, due to federal laws governing big-rig trailer bumpers. One of the issues in this accident is whether the semi-truck involved in this accident have an underride protection bar (also known as a rear-impact guard or DOT bumper), and did it meet federal Department of Transportation (DOT) requirements? The purpose of this standard, most recently amended in 2006, is to "reduce the number of deaths and serious injuries occurring when light duty vehicles impact the rear of trailers and semitrailers with a gross vehicle weight rating (GVWR) of 4,536 kg (approximately 10,000 pounds) or more." It is estimated that there are hundreds of tractor-trailer trucks on the road that do not meet safety regulations.

Rear-Impact Protection Underride Laws

Because trailers on big rig trucks often sit much higher than a passenger car, a dangerous situation known as "underride" may occur when a passenger vehicle rear-ends a tractor trailer. Rear guards, intended to prevent passenger compartment intrusion (PCI), were initially mandated in 1953, and were first known as ICC bumpers (Interstate Commerce Commission). The ICC was abolished in 1995, and the functions of the agency were transferred to the Surface Transportation Board, and then to the Federal Motor Carrier Safety Administration, an administration within the Department of Transportation. The laws that govern rear-impact protection on tractor-trailer trucks can be found in the Code of Federal Regulations §571.224 Standard No. 224.

Continue reading "22-Year-Old Madera Man Killed in Highway 99 Crash with Big-Rig" »