California Injury Lawyer Blog

A 36-year-old Victorville woman died Monday in a crash on Highway 395 in San Bernardino County, the Victorville Daily Press said. The victim, Patricia Rodriguez, was a passenger in a 2003 GMC Yukon travelling south on Highway 395. According to news reports, at about 12:12 p.m., about two miles south of Bear Valley Road, the driver of the Yukon, Sergio Rodriguez, swerved to avoid rear-ending a slow-moving Chrysler PT Cruiser and apparently overcorrected. The SUV overturned several times and came to rest on its roof.

The San Bernardino Sun reported paramedics pronounced Rodriguez dead at the scene of the accident at 12:23 p.m. Other occupants of the SUV, including several children, were taken to local hospitals with moderate to major injuries. It was unclear how many people were in the SUV; the San Bernardino Sun reported there were eight or nine occupants in the vehicle.

This tragic fatal accident occurred in one of the most dangerous stretches of highway in the United States, the stretch of Highway 395 from Interstate 15 to Adelanto. Just this year, 10 people have died in this stretch of Hwy 395 in head-on collisions, SUV rollover accidents and other serious accident. In 2009, there were six deaths in this stretch of road. The Victorville Daily Press reported that skid marks from this September 6th accident intersected with an accident in April that killed a 27-year-old man.

Highway 395 Accidents & Personal Injury Liability

The San Bernardino Sheriff's Department is investigating the fatal SUV rollover accident. While the cause of the San Bernardino County accident remains under investigation, the family members of the victims of this crash may benefit from speaking to an SUV rollover lawyer about this Highway 395 crash and the unique liability issues involved. If negligence, a mechanical defect in the vehicle or a dangerous road condition was a factor in this crash, a skilled and knowledgeable attorney can help the victims recover the compensation they may be entitled to for their injuries or loved one's wrongful death. In cases such as this one, the injured passengers may be entitled to compensation for their medical treatment expenses, rehabilitation, lost earnings (if applicable) and pain and suffering.

Continue reading "Victorville Woman Killed, Others Injured in Highway 395 Rollover Crash " »

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 " »

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" »

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 61-year-old Grass Valley man died Saturday in a horrific head-on collision on Hammonton-Smartville Road in Linda, the Appeal Democrat reported. The accident occurred at 1:05 p.m., west of Bryden Road. According to news reports, Thomas Whitman of Grass Valley was driving a 1999 Hyundai east on Hammonton-Smartville, while at the same time, a 2001 Toyota driven by a 17-year-old Olivehurst boy, was travelling west. The CHP believes the Olivehurst teen, who was not identified, may have fallen asleep at the wheel, causing him to drift over the center line into the eastbound lane.

Whitman reportedly swerved the Hyundai to attempt to avoid the collision, while at the same time the teenager jerked the Toyota back into the westbound lane. The two vehicles collided head-on. Whitman died of his injuries at the scene of the accident. The 17-year-old driver suffered moderate injuries. An 18-year-old passenger and a 12-year-old passenger, both from Winton, suffered major injuries. The two teens were taken to Rideout Medical Center, and the younger boy was flown to UC Davis Medical Center.

Cause of the Fatal Yuba County Crash

The CHP is continuing to investigate the cause of the fatal July 11th head-on collision in Yuba County. However, if news reports are accurate, the teenage driver of the Toyota likely caused this collision, by making a lane departure into oncoming traffic, and triggering the events that led to the fatal head-on collision.

Wrongful Death and Personal Injury Liability Issues

When another driver causes a fatal collision, that driver may be liable for the wrongful death of the other driver in a wrongful death claim. In this case, if it is determined that the teen driver in the Toyota caused this crash, he may be liable for the death of Thomas Whitman, as well as the serious injuries of the two other occupants of his vehicle. In situations such as this one, the family members of the victims may benefit from contacting an experienced California personal injury attorney as soon as possible to protect their rights, and ensure everything is done to recover maximum compensation for the victims' wrongful death and serious injuries as a result of this accident.

Continue reading "Grass Valley Man Killed in Head-on Collision in Yuba County " »

Two children were taken to Enloe Medical Center following a crash Wednesday afternoon on Highway 99E at South Avenue, near Corning. According to news reports in the Red Bluff Daily News, at about 12:15 p.m., Marcos Rendon, 20, of Corning, made a left turn from Highway 99E onto South Avenue, directly into the path of a southbound vehicle driven by Mark Fowler, 49 of Paradise. Fowler swerved, but was unable to avoid the collision. The impact sent Fowler's vehicle into a third vehicle driven by Angelita Melendrez, 33, of Orland, who was turning from South Avenue onto Hwy 99E. A 9-year-old boy and a 12-year-old girl in Melendrez's vehicle were taken to Enloe Medical Center.

Cause of the Highway 99 Crash

The cause of the Tehama County crash still remains under investigation. However, if news reports are accurate, the 20-year-old man turning onto Corning Avenue may have caused this crash by failing to yield to the right-of-way of Mark Fowler's vehicle.

Continue reading "Two Children Injured in Highway 99E Crash Near Corning " »

In what is a tragic reminder of the consequences of drinking and driving, four teens were injured, three seriously, in a horrific SUV rollover crash in Folsom late Wednesday night. Folsom Police say alcohol and drugs appeared to play a role in the solo vehicle crash. Broken whiskey bottles, marijuana, and other drug paraphernalia were found nearby, the Sacramento Bee reported.

The accident occurred on Heritage Place just before midnight on Wednesday, July 7th. Police say the SUV was speeding north on Heritage when the driver swerved onto a sidewalk and rolled multiple times. The 17-year-old unlicensed driver, the only one of the four occupants wearing a seat belt, suffered only minor injuries. He was arrested on suspicion of driving under the influence causing serious injury and booked at the Sacramento Juvenile Hall. The three other teens, two males and one female, suffered very serious injuries. Folsom police are still investigating the cause of the accident.

Social Host Laws

Earlier this year, the Sacramento County Board of Supervisors unanimously approved a "Social Host Ordinance" that holds adults responsible for hosting, or knowingly providing a venue for gatherings, when they reasonably should have known underage drinking would occur. In California, parents and adults who furnish alcohol to teens can be found liable for injuries caused by drinking and driving accidents. "Social Host" ordinances address the problems of underage drinking facilitated by enabling parents and other adults who are aware of underage alcohol consumption at private residences, but fail to stop it. (See News 10 story " Sacramento County law against underage drinking could land parents in jail.")

Continue reading "Four Teens Hurt In Suspected DUI Crash in Folsom " »

The Press-Enterprise reported that one person died and at least five others people were injured in a multi-vehicle accident Thursday afternoon in Menifee. The June 10th crash occurred at about 1:34 p.m. on Newport Road, about 75 feet east of the on-ramp to northbound Interstate 215.

According to the Menifee Police Department, the initial investigation determined that a white Hyundai Santa Fe that had been traveling northbound on the I-215 freeway and had exited the Newport Rd. freeway offramp. The vehicle went through the intersection and struck the center divider of Newport Rd., causing the vehicle to become airborne where it collided with a Mazda minivan in the number one westbound lane of Newport Rd. Another vehicle rear-ended the minivan, and several other vehicles were involved in minor fender-benders trying to avoid the wreckage.

The driver of the minivan, Roland G. Seneff, 69, of Hemet, died as a result of his injuries at Menifee Valley Medical Center. The front passenger in the minvan suffered serious injuries. Three children in the minivan were taken to the hospital and later released. The driver of the Hyundai suffered a broken neck. It was not clear if anyone else was injured.

Cause of the Menifee Crash

According to the Press-Enterprise, the driver of the Hyundai told authorities that when she exited northbound Interstate 215 at Newport Road, she was unable to slow down at the end of the offramp. Regardless of whether the driver of the Hyundai was negligent, or if her vehicle somehow malfunctioned, the driver of the minivan and all of the occupants in his vehicle were victims of this crash.

Continue reading "Hemet Man Killed, At Least Five People Injured in Crash on Newport Road in Menifee" »

A grandfather was critically injured after a woman lost control of her Dodge pickup truck and collided with three other parked cars and ran over him next to Wolters Elementary School in Northeast Fresno. The accident occurred around 2:30 p.m. Wednesday, just as school got out on the day before the last day of the school year.

The 31-year-old woman, who was driving without a license, claimed to have suffered some type of medical condition and told police before the crash. According to the Fresno Bee, the driver of the pickup truck was initially travelling westbound on San Jose Avenue near First Street. In front of Wolters Elementary, she struck a Honda that had three people in it. Her pickup truck then crossed the roadway and struck the grandfather pushing a one-year-old girl in a stroller, dragging him and the baby about 20 feet. The driver then struck another vehicle.

The grandfather suffered severe injuries and was pinned under the vehicle until firefighters could remove him. He and the one-year-old girl were taken to Community Regional Medical Center. The unlicensed driver complained of neck pain and was also taken to a local hospital. According to Fresno Police, she may be cited. Many children waiting to be picked up by their parents witnessed the crash.

Continue reading "Grandfather Critically Injured After Being Struck by Out-of-Control Vehicle in Northeast Fresno " »

In personal injury news, after a three-week trial and two days of deliberation, a jury in Barstow has awarded $32.2 million to a 17-year-old boy who was left quadriplegic after he jumped from a moving pickup truck and struck his head on the pavement on Highway 127 in 2003. The family of Dillon Elkins will receive 80% of the award, as the jury found the driver 80% at fault, and Dillon 20% at fault.

According to the LA Times, back in 2003, Dillon Elkins (who was 10 at the time) and another 10-year-old boy approached a football player, Robert Murchison, who was 18 at the time, and asked for a ride. Murchison alleged he said no, because the cab of the truck was full, and that Dillon and the other boy got into the cab of the truck on their own.

In court documents, Dillon's attorney contended that Murchison told the two young boys that if he saw a cop, he would yell or honk, and they should jump out. On northbound CA-127, Murchison saw a CHP vehicle going in the opposite direction, and reportedly told the boys to jump.

Dillon's mother was told at the hospital that he might mot make it through the night. He remained in a coma for three weeks. He sustained a massive traumatic brain injury that left him unable to talk, walk or eat anything except through a feeding tube.

Continue reading "Barstow Jury Awards $32 Million to Baker Boy Left Quadriplegic After 2003 Accident " »

A 28-year-old Bakersfield woman died Wednesday night after the car she was riding it was struck by a suspected drunk driver, ABC News reported. The victim was identified as Perla Gonzalez, 28, of Bakersfield. The accident occurred at about 10:40 p.m. at the intersection of Mt. Vernon Avenue and Kentucky Street. KERO ABC News reported that 23-year-old Marcus Trevino of Fallbrook (San Diego County) was speeding in an orange Mitsubishi on Kentucky Avenue toward Mount Vernon Avenue.

Authorities believe Trevino ran a stop sign, broadsiding an Infiniti driven by Cherie Marie Lopez, 19. Lopez, passenger Perla Gonzalez, and her 1-year-old Jayden Gonzalez were pinned in the Infiniti and were rescued by bystanders. Lopez suffered minor injuries. Perla Gonzalez died of her injuries at Kern Medical Center. Trevino, the suspected drunk driver, was not hurt. He was arrested on charges of felony DUI and gross vehicular manslaughter.

Drunk Driving Liability

Crashes caused by drunk drivers are 100% preventable. Drunk driving destroys not just lives, but entire families. While this absolutely devastating crash is under investigation, the family of Perla Gonzalez would be well-advised to contact a Bakersfield wrongful death lawyer as soon as possible. An attorney can help hold the driver responsible for his actions in a wrongful death suit, and obtain compensation for the victim's unexpected loss, including damages for funeral and medical expenses, lost earnings, and loss of love, care and companionship.

Continue reading "Bakersfield Woman Killed, Two Injured in Suspected Drunk Driving Crash in Kern County " »

Four people, including a 12-year-old boy, were airlifted to hospitals after a head-on collision on Highway 53 Wednesday morning in Lake County, the Lake County Record Bee reported. Stephen Phipps, 46, of Clearlake, was driving a 2002 Ford Ranger pickup truck northbound on Highway 53 near Anderson Ranch Parkway, when he crossed over the center turn lane and into southbound traffic, directly in the path of a 2000 Oldsmobile van driven by Luisa Enriquez, 43, of Clearlake. The June 2nd collision occurred at about 7:40 a.m., and the vehicles came to a rest blocking one of the southbound lanes.

Luisa Enriquez was flown by a REACH air ambulance to Santa Rosa Memorial Hospital with broken bones in her legs. A 12-year-old boy in her vehicle was taken by ambulance to St. Helena Hospital and then flown to Oakland Children's Hospital with fractured bones in his leg, arm and face.

Phipps was arrested on suspicion of driving under the influence of a controlled substance. He was blown by REACH to Santa Rosa Memorial Hospital with internal injuries. A passenger in his pickup truck was also flown to Santa Rosa Memorial Hospital with internal injuries. According to the CHP, all parties were wearing their seat belts and airbags deployed in both vehicles.

Continue reading "Four Airlifted After Lake County Crash; Clearlake Man Arrested " »

A 35-year-old Helendale woman was killed Friday afternoon in a head-on collision on National Trails Highway, the San Bernardino Sun reported. The fatal crash occurred on National Trails Highway (Historic U.S. 66), just north of Indian Trail in Helendale, at around 12:20 p.m. The crash involved a red 2005 Dodge Neon and a gray 2003 Nissan Xterra sport utility vehicle. According to CHP reports, the Nissan Xterra heading south towards Victorville drifted into northbound lanes, directly into the path of the northbound Dodge Neon.

The driver of the Neon, Christina Renee Hamilton, 35, of Helendale, died at the scene of the crash. A teenage boy in her vehicle suffered serious injuries and was airlifted to Arrowhead Regional Medical Center in Colton. The female driver of the Xterra and a toddler in her vehicle were taken by helicopter to Loma Linda University Medical Center. The May 14th accident was the third fatal head-on collision in San Bernardino County this week.

Cause of the Crash

The CHP is still determining the cause of this fatal crash. However, the Victorville Daily Press reported that authorities believe that the Nissan Xterra drifted into the path of the red Dodge Neon, causing the head-on collision that killed Christina Hamilton. It is not clear if the driver of the Xterra swerved to avoid something in the road, or if she was distracted, or possibly suffered a medical condition. Authorities are investigating.

Wrongful Death & Personal Injury Liability

Accidents that cause severe injury or the wrongful death of a beloved family member cause emotional devastation and sadness, as well as financial burden due to medical expenses and lost earnings. The family of the victims in the Dodge Neon would be well-advised to talk to a San Bernardino personal injury lawyer who can help them understand and protect their legal rights following this crash. While nothing can be done to undo a fatal accident, families of loved one lost may be entitled to financial compensation for their loss in a wrongful death claim.

Continue reading "Woman Killed, Three Others Injured in Head-On Crash on National Trails Highway " »