California Injury Lawyer Blog

The CHP is investigating a head-on collision Tuesday morning in Lake County that left two women with serious injuries. The two-vehicle crash occurred shortly after 10 a.m. on Highway 29 north of Butts Canyon Road. According to reports in the Lake County News, 18-year-old Brittany Franklin of Clearlake was driving a 2008 Chevrolet pickup northbound on Highway 29, when for unknown reasons, her vehicle drifted to the right and began to leave the roadway. Franklin then apparently overcorrected back onto the roadway and veered into southbound traffic. Franklin's vehicle collided head-on with a 2004 Nissan truck driven by Suzanne Wallahan, 43, of Middleton. Wallahan's Nissan traveled down a dirt embankment, and Franklin's Chevy stopped in the middle of the highway, blocking both lanes of traffic. Both Franklin and Wallahan were airlifted to UC Davis Medical Center in Sacramento.

We hope both of the women hurt in this crash were not gravely injured, and wish them both the best for a full and fast recovery. Please keep them in your prayers.

Cause of the Highway 29 Head-on Collision

The California Highway Patrol is investigating the cause of the August 17th Lake County crash. Authorities have reportedly ruled out drugs or alcohol as a contributing factor. Based on the limited information provided in news reports, it is not clear why Franklin lost control of her vehicle. Was she speeding or driving recklessly, or did something malfunction mechanically with her truck? The CHP is undoubtedly investigating these and all other potential causes of the crash.

Car Accidents and Personal Injury Liability

If it is determined that the driver of the Chevrolet is in fact responsible for this crash, she may be liable for the injuries of the driver of the Nissan. In situations such as this one, where another driver may be responsible for an accident causing serious injury to another, the injured victim or their family would be well-advised to consult with an experienced and knowledgeable California personal injury lawyer about the unique legal issues involved and their rights to consultation. A skilled car accident attorney can help the injured victims seek compensation for medical care expenses, lost earnings and wages, pain and suffering, and other expenses related to the accident.

Continue reading "Head-on Collision Injures Two on Highway 29 in Lake County" »

A car turning left into a business entrance struck and seriously injured a Santa Rosa man riding a bicycle Monday afternoon, the Santa Rosa Press Democrat reported. The car vs. bicycle accident occurred around 3:10 p.m. on Monday August 9th on River Road, west of Fulton Road. According to news reports, the cyclist, William Brown, 63, of Santa Rosa, was riding westbound on the right should of River Road, while Clements Boylan, 74, of Freelan, was driving a 1994 Lexus eastbound. Boylan began turning left into the parking lot of the Fruit Basket fruit stand when he struck Brown on his bicycle. The impact threw Brown onto the hood of the Lexus. He suffered serious injuries but is expected to survive. Boylan told drivers he did not see Brown until it was too late.

This bicycle accident occurred not far from the location of a fatal accident on River Road earlier this year. A man died and three people were injured in a chain reaction crash at River Road and Sommer Street on April 27th.

Cause of the Bicycle Accident

If news reports are accurate, it appears that this crash was caused by the driver of the Lexus making the left turn. The state law pertaining to left turns is found in California Vehicle Code Section 21801 (a) "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." In this situation, the bicycle would be considered a vehicle.

Bicycle Accident Injury Liability

If the driver of the Lexus is determined to have caused this bicycle accident, he may be liable for the injuries the cyclist sustained. While this crash remains under investigation, the family of the victim may benefit from speaking to an experienced northern California bicycle accident lawyer about this accident and the legal issues involved. An attorney who is also a cyclist and who has represented numerous victims of bicycle accidents can help the victim protect his legal rights and recover the maximum financial compensation he may be entitled to following this accident.

Continue reading "Cyclist Struck by Car Making Left Turn in Santa Rosa " »

A San Jose, CA jury late yesterday afternoon awarded a former foster care child $30 million in damages for sexual abuse the child endured due to the negligence of the private company that licensed the foster home in which the child was placed for four years. (See Mercury News)

The plaintiff, who for privacy issues is only identified as John Doe, was 11 years old when he was placed in the foster home of John Jackson in Santa Clara County, California. Doe was forced into more than 600 acts of sexual abuse by Jackson from December 1995 to March 1999 when Doe was removed from the home.

The defendant in the case, Giarretto Institute, was licensed by the State of California to supervise and monitor the Jackson home as a foster family agency. The jury found Giarretto 75 percent responsible for the injuries to Doe and Jackson 25 percent responsible. Giarretto is responsible for $22.5 million of the $30 million verdict.

Doe is now 25 years old and suffers from residual mental distress as a result of the abuse. Three other foster children who were also in the Jackson home and suffered similar abuse have lawsuits pending.

At trial, the plaintiff's attorney, Stephen Estey of Estey Bomberger presented extensive evidence showing that Giarretto did not properly train its employees, many of whom had other full time jobs and worked for the company on a part-time, off-hours basis. When allegations of sexual abuse were raised by the foster children, Giarretto did not have any investigators with sexual abuse experience, so the allegations were not properly investigated and were found by Giarretto's staff to be unsubstantiated.

The trial lasted two and one half weeks, and the verdict was returned in one day. The jury was comprised of seven woman and five men. The Honorable Peter Kirwan presided over the trial.

The verdict is the largest in California this year for a single person sex abuse case and is one of the largest verdicts in the state in 2010. It is believed to be the largest verdict in California history for a single person sex abuse case.

During the trial, the jury heard testimony that the company which initially licensed the Jackson home (Giarretto subsequently purchased that company) did not conduct a proper background check of Jackson. An elementary reference check of Jackson would have uncovered disturbing information about his past that would have disqualified him from being a foster parent, such as a history of inappropriate sexual conduct including sex with a minor, a history of drug and alcohol abuse, threats toward others with firearms, physical abuse toward his pregnant wife and suicide attempts resulting in psychiatric hospitalization.

Jackson has been convicted of his abuse against Doe and the other victims and is currently serving a 200+ year sentence.

Continue reading "Jury Awards Record $30 Million Verdict in San Jose Molestation Case " »

According to KCRA News, a motorcyclist died Tuesday night and 10 people were injured, including two young children, in a crash on Interstate 505 near Winters that the CHP says was alcohol related. The Yolo County crash occurred around 10 p.m. when a vehicle carrying six people spun out of control and struck a guardrail near SR 128. The driver of that vehicle was suspected of driving under the influence of alcohol. Two cars travelling southbound on 505 were not able to avoid the wreckage. A motorcyclist also swerved to avoid the wreckage, but ended up losing control and crashing. The motorcyclist died at the scene. The injured victims were taken to four area hospitals with injuries ranging from minor to major.

Cause of the Winters Crash

The California Highway Patrol is investigating the cause of the August 3rd multi vehicle crash near Winters. However, if news reports are accurate, it appears that the accident was at least partially, if not completely, caused by a drunk driver. Toxicology tests are pending and the CHP is also investigating other possible contributing factors.

Liability for Injuries and Deaths Resulting From Drunk Driving Accidents

Drinking and driving kills more than a thousand people a year in California alone. At Estey Bomberger, our personal injury attorneys fight to protect the rights of injured victims of drunk driving accidents, and families who have lost loved ones in accidents caused by drunk drivers. In situations such as this one, the family members of the victims of this Highway 505 crash would be well-advised to contact a northern California drunk driving accident injury lawyer about their legal rights following this accident. A skilled lawyer can help them hold the at-fault parties responsible and recover the maximum compensation they may be entitled to for their injuries or loved one's wrongful death.

Continue reading "Motorcyclist Killed, 10 Injured in Alcohol-Related Crash on Interstate 505 " »

The Monterey County Herald reported a 58-year-old Seaside man died in a three-car collision Friday evening in Monterey County. The accident occurred at about 5:20 p.m. Friday evening on CA State Route 68 (Holman Highway), west of Community Hospital of the Monterey Peninsula, near the Scenic Drive Overpass. The CHP reported that three vehicles were involved in the collision, a 2000 Ford, a 2001 BMW, and a 2009 Chevrolet. Investigators reported that the man driving west in the 2000 Ford crossed into eastbound lanes and struck a 2001 BMW. The BMW, which was driven by the 58-year-old Seaside man, then collided with the 2009 Chevrolet. It was not clear whether the Chevrolet was travelling eastbound or westbound.

The Seaside man, who was not identified, suffered massive internal injuries and died. The driver and passenger in the Chevrolet, a man and woman from Pacific Grove, suffered non-life-threatening injuries and were taken to Community Hospital. It was not clear whether the driver of the Ford was injured.

Cause of the Fatal Holman Highway Crash

Based on the news reports, it appears that this collision may have been caused by the driver of the Ford, who for reasons still unknown, crossed into eastbound lanes. The CHP is investigating exactly what happened to cause this Holman Highway fatal crash. At this point, there are only questions as to what events led up to the crash. Was the driver of the Ford distracted or impaired? Or did he make an unsafe passing attempt, or did he lose control of the car due to a defect in the vehicle?

Personal Injury and Wrongful Death Liability

In this particular July 30th accident, if the driver of the westbound Ford was at fault for the crash, he may be liable for the wrongful death of the man driving the BMW and the injuries of the occupants of the Chevrolet. When the negligence of another can be attributed to a fatal accident, family members of the victim may seek compensation in a wrongful death claim to cover funeral expenses, loss of future income and support, and loss of love, care and companionship, and other damages. While this crash remains under investigation, the family members of the victim, as well as the injured victims in the third vehicle may benefit from speaking to a California personal injury lawyer about this crash and their legal rights to compensation.

Continue reading "Seaside Man Killed in Crash on Holman Highway " »

A motorcyclist was injured Thursday morning in a crash on the northbound 405 Freeway, near the Seal Beach Boulevard Exit, the Orange County Register reported. The July 29th accident was reported at 6:42 a.m. According to news reports, officers were told that a vehicle may have struck the motorcycle, forcing him to collide with another vehicle and knocking him off the bike. Further details about exactly what happened were not available.

Motorcycle Accidents and Personal Injury Liability

Statistically per vehicle mile traveled, motorcyclists are about 37 times more likely than passenger car occupants to die in a crash and 9 times more likely to be injured. Motorcylists face serious risks sharing the road with other vehicles. Especially on freeways and highways, negligent drivers may not see a motorcyclist before it is too late to avoid a collision. In any situation involving where a motorcyclist is seriously injured in a collision with another vehicle, the family members of the victim would be well-advised to contact an experienced California motorcycle accident attorney as soon as possible following an accident. A skilled motorcycle accident lawyer can help the victim understand his legal rights to compensation for medical expenses, lost earnings, and pain and suffering.

Continue reading "Motorcyclist Injured in 405 Freeway Crash " »

Three people were taken to hospitals with major injuries following a violent three-car collision on Highway 12 in Glen Ellen on Sunday night, the Santa Rosa Press Democrat reported. The crash occurred west of Madrone Road at about 9 p.m., and involved a Nissan Altima, a Honda CRV, and a silver Acura RSX.

According to news reports, the driver of the Nissan, Edgar Ramirez, 30, swerved into oncoming traffic and collided head-on with the Honda CRV driven by Stacy Burmer, 44, of Sanger. The Acura was directly behind Burmer's Honda CRV. The driver of the Acura, Jessica Petro, 27, of Santa Rosa, swerved to avoid the oncoming Nissan but hit the Honda and then struck a guardrail.

Ramirez and Burmer both suffered "severe" injuries and were taken to Santa Rosa Memorial Hospital and Queen of the Valley Hospital. A passenger in the Honda CRV, Debra Skelton, 40, of Sanger, was also taken to Memorial Hospital, along with Jessica Petro, the driver of the Acura.

Cause of the Highway 12 Crash

According to news reports in the Sonoma Index-Tribune, the CHP public information officer for the Napa region said the CHP is continuing its investigation to determine if Ramirez was under the influence of alcohol, "as it appears," when he hit Burmer's Honda. The cause of the July 12th Highway 12 crash remains under investigation. However, it sounds like this crash may have been alcohol-related.

Head-on Crashes and Personal Injury Liability

When another driver crosses into oncoming traffic on a highway and causes a head-on collision, he may be liable for the serious injuries of everyone involved. In situations such as this one, where drunk driving may have been a contributing factor in a crash, the family members of the victims would be well-advised to contact a northern California personal injury lawyer as soon as possible. A lawyer who has represented victims of alcohol-related crashes can help the victims protect their legal rights and obtain the maximum compensation for their injuries, including their medical expenses, lost earnings, and pain and suffering related to an accident.

Continue reading "Major Injuries Reported in Highway 12 Head-On Collision " »

An 8-year-old boy was the victim of a high-speed alcohol-related accident on Highway 1 early Tuesday morning in Seaside, KSBW News reported. The boy, who was not identified, was a passenger in a 1993 Lexus GS 300 sedan that was estimated to be travelling faster than 120 mph.

According to news reports, the driver of the Lexus, the father of the 8-year-old, tried to exit the freeway at the Fremont / Del Monte Blvd exit in Seaside, but was travelling too fast. The vehicle hit a guardrail and was sheared in half.

The driver of the Lexus, Zabdiel Arciga of Marina, suffered only minor injuries and was arrested on suspicion of DUI by Cal State Monterey Bay Police. His son was flown to Valley Medical Center in San Jose, where he was pronounced dead upon arrival.

Drunk Driving Needs to Stop

This July 27th accident is appalling and heartbreaking at the same time. A young life was taken in a horrific that could so easily have been prevented. It is just another reminder of how drunk driving is an epidemic problem in California. Why would a grown adult drive 120 mph with a young child in the car? This year, there have been a number of innocent children killed as passengers in alcohol-related accidents. Just this weekend, a 4-year-old boy was killed in an alcohol-related accident in Tulare County, when the driver of the vehicle he was riding in ran a stop sign.

Make the Choice to Never Drink and Drive

At Estey Bomberger, we are only too aware of how drunk driving takes innocent lives and destroys families every single day. Visit our website stop-drunk-driving.com to see our DUI accident calendar and learn what you can do to stop drunk driving in your community. The decision to not drink and drive starts with you.

Continue reading "8-Year-Old Boy Killed in 120 MPH Drunk Driving Crash on Highway 1 " »

A 4-year-old boy tragically died Friday night in a suspected DUI crash near Cutler, the California Highway Patrol reported. According to news reports in the Fresno Bee, the victim, 4-year-old Angel Lopez, was a passenger in a Toyota driven eastbound on Avenue 440 by Rodolfo Rangle, 32, of Cutler.

Rangle apparently ran a stop sign at the intersection of Avenue 440 and Road 120, and drove into the path of a northbound 2001 Dodge. The driver of the Dodge braked to try and avoid the collision, but the front bumper of the vehicle collided with the right side of the Toyota.

Lopez was flown to Community Regional Medical Center, where he died of his injuries. Rangle was arrested on suspicion of driving under the influence of alcohol. It was not clear what the relationship was between Rangle and Lopez. The occupants of the Dodge, Evelyn Hernandez, 55, of Orange Cove, 4-year-old Destiny Raygoza of Visalia and 60-year-old Alice Hernandez of Visalia, were taken to Kaweah Delta Medical Center with non-life-threatening injuries.

Please keep the family of Angel Lopez in your prayers as they are grieving the loss of this young, innocent boy. If news reports of this July 23rd accident are true, it is absolutely appalling that a grown adult would knowingly endanger a child by driving under the influence of alcohol.

Cause of the Tulare County Crash

Based on the news reports, it appears that this two-vehicle collision was caused by the suspected drunk driver, Rodolfo Rangle. If news reports are accurate and he is determined to have caused this crash because he was driving under the influence of alcohol, he may be facing criminal charges for his passenger's death and the injuries of the occupants of the Dodge. Additionally, Rangle may be held financially responsible for the serious personal injuries of the occupants of the Dodge, and the wrongful death of his passenger.

Continue reading "4-Year-Old Boy Killed in Suspected Drunk Driving Crash in Orosi" »

A bicycle accident on Highway 101 in Sonoma County left a 50-year-old Petaluma man with serious injuries, the Petaluma Argus Courier reported. The accident occurred on northbound Highway 101, south of Kastania Road, at 7:24 a.m. on Friday.

According to news reports, the cyclist, whose name was not released, was riding northbound on the right shoulder of Highway 101 (in an area where cyclists are permitted) when a GMC van going about 60 mph veered off the road and onto the right shoulder and struck him. The cyclist, who was unconscious at the scene of the accident, was rushed by ambulance to Santa Rosa Memorial Hospital.

The driver of the Chevy van, Nicolay Pokornyy, 63, of Walnut Creek, reportedly told investigators that he was trying to determine where his exit was when he struck the cyclist.

Cause of the Accident

If news reports of this incident are correct, the bicyclist had no way of avoiding this collision. It appears that the driver of this Chevy van violated the right of way of the cyclist by not paying attention to where he was going and allowing his vehicle to enter the bike lane.

Continue reading "Petaluma Cyclist Struck by Van, Seriously Injured on Highway 101 " »

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" »

A 44-year-old Laytonville woman died Wednesday night in a head-on collision on Highway 101, north of its juncture with Highway 271 in Humboldt County, authorities reported. T

he July 21st accident occurred at about 9:30 p.m., and involved a northbound Subaru Forester and a southbound Toyota 4Runner.

According to news reports in the Ukiah Daily Journal and Times-Standard, Saskia Martin, 37, of Benbow, was driving a Subaru Forester northbound on Highway 101, behind a slow moving big rig truck.

When Martin attempted to pass the truck, she saw a bicycle lying in the lane directly in front of her, which caused her to slam the brakes and swerve into the southbound lane.

Martin lost control of the Subaru and the vehicle spun into the path of a southbound Toyota 4-Runner driven by Tonia Evans, 44, of Laytonville. The Subaru and the 4-Runner collided, resulting in the SUV rolling several times. Tonia Evans died of her injuries at the scene of the crash. Her husband and passenger, Allen Evans, 52, was taken to a local hospital with non-life-threatening injuries. Martin complained of pain to her neck and left arm.

This horrific accident is absolutely heartbreaking. Our condolences go out to the family of Tonia Evans and everyone who knew and loved her. Please keep her family in your prayers during this surely very difficult time.

Cause of the Crash

If news reports are accurate, it appears that this crash was caused by an unsafe maneuver made by the driver of the Subaru Forester, resulting in her northbound vehicle entering southbound lanes into the path of the 4Runner. The Times-Standard reported that the CHP continues to investigate whether drugs and alcohol played a role in the crash. Authorities recovered the apparently abandoned bicycle from the crash scene.

Continue reading "Laytonville Woman Killed, Two Injured in Hwy 101 Head-On Collision Near Piercy " »

Four people were injured in a head-on collision on Highway 89 Wednesday night in Nevada County, the Sierra Sun reported. The accident was reported south of Rampart at about 5 p.m. According to news reports, A 1998 Chevrolet Silverado pick-up truck heading north collided with a 2002 Acura MDX SUV headed south. The impact sent the Acura down a nearby embankment where it struck a cyclist. The three occupants of the Acura, a 42-year-old woman, a 66-year-old woman and a 6-year-old girl, all from Tahoe City, suffered major injuries in the crash. The 34-year-old driver of the Chevrolet truck, a Squaw Valley resident, suffered major injuries. The cyclist, a man from Salt Lake City, suffered minor injuries.

Cause of the Highway 89 Crash

The Sierra Sun reported that the driver of the pickup truck, who was taken to Tahoe Forest Hospital, was arrested on suspicion of driving under the influence. It is not clear if he was driving on the wrong-side of the road or how exactly the collision occurred.

Drunk Driving Accidents and Personal Injury Liability

In this particular Highway 89 crash, it is determined that the driver of the northbound Chevy pickup truck caused the head-on collision, he or she may be liable for the injuries of the three occupants of the Acura and the cyclist. When accidents are caused by a drunk driver, in addition to criminal charges for driving under the influence, the driver may be liable for the victims' medical treatment expenses, lost earnings, and pain and suffering. The victims' family would be well-advised to consult with an experienced northern California personal injury lawyer, who has successfully represented victims of accidents caused by drunk drivers.

Protecting the Rights of DUI Accident Victims

At Estey Bomberger, we believe accidents caused by drunk drivers are 100% preventable. The decision to drink and drive is both reckless and negligent, and drivers who drive under the influence should be held accountable for their actions. For more information about what you can do to stop drinking and driving in your community, visit our website stop-drunk-driving.com.

Continue reading "Five People Injured in Suspected DUI Crash on Highway 89 " »

A Porterville woman riding a Harley-Davidson motorcycle suffered major injuries Tuesday afternoon when a car made a U-turn in the path of her motorcycle. According to news reports, a 43-year-old woman driving a 2006 Chevrolet sedan northbound on Plano Street when she began to make a U-turn near Scranton Avenue. The Chevy collided with a 2007 Harley Davidson driven by Joyann Williams, 38, of Porterville. The impact forced the motorcycle into an open field on the corner of Scranton Avenue. Williams was flown to Community Regional Medical Center with major injuries. The driver of the Chevy was not injured.

Cause of the Plano Street Motorcycle Accident

The Tulare County motorcycle accident is under investigation by the California Highway Patrol. Based on the limited information available in news reports, it appears that the driver of the Chevy failed to yield to the motorcyclist's right-of-way and pulled into the path of the Harley Davidson. The CHP will look at speed of the vehicles, whether or not the driver of the sedan was making a legal U-turn, and other factors to determine how this accident occurred.

Motorcycle Accidents and Personal Injury Liability

If it is determined that the driver of the Chevrolet caused this crash, she may be liable for the major injuries sustained by Joyann Williams. Compensation awarded in a personal injury claim may include damages for hospitalization and medical treatment, lost earnings, and pain and suffering. While this crash remains under investigation, the family of the victim may benefit from seeking a consultation with an experienced California motorcycle accident attorney about the victim's rights to compensation from this accident. A lawyer familiar with the unique legal issues of motorcycle accidents can help the victim protect her legal rights and recover maximum compensation for her serious injuries as a result of the crash.

Continue reading "Motorcyclist Seriously Injured in Crash with Car Making U-Turn in Porterville" »

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 " »