California Injury Lawyer Blog

SOLANO COUNTY -- A devastating Vallejo accident involving two young boys and a garbage truck occurred after 12:30 p.m. Friday, San Francisco Chronicle reported. The two boys, 8- and 12-years-old, were riding on one skateboard along Chapman Court, when they approached the intersection of Linfield Drive and collided with a Recology Vallejo truck.

Following the crash, the 8-year-old boy, "Clayo" Young, sustained major injuries and was transported to Children's Hospital in Oakland. And the 12-year-old boy, Joseph Tafoya III, was taken to Kaiser Medical Center in Vallejo, where he later died due to his injuries.

Pedestrian Accident Personal Injury and Wrongful Death Liability

In devastating accidents such as this one, where it is unclear who is at fault, the family of the two children would be well-advised to speak to a Northern California pedestrian accident lawyer to discuss their legal rights in either a personal injury or wrongful death claim.

At the law firm of Estey Bomberger, knowledgeable and experienced attorneys can help the family understand and protect their legal rights, hire an independent investigator to reconstruct the scene of the accident to determine who may be responsible, and decide the best course of action to recover the maximum compensation for funeral and burial costs, medical care expenses, pain and suffering, and other related damages in this tragic pedestrian accident.

Continue reading "Boy Tragically Killed, Another Seriously Injured in Vallejo Pedestrian Accident" »

MADERA COUNTY - Two people were injured in a crash early Monday morning involving a big rig, ABC 30 News reported. The accident occurred on Highway 41 near Avenue 14 when the driver of a big-rig tried to make a U-turn and pulled out in front of oncoming traffic. The driver of the van was unable to stop in time to prevent the collision. Two people in the van were taken to the hospital. Further details about the cause of the Highway 41 accident were not immediately available.

Left-Turn Accident Liability

Although the CHP is continuing to investigate the cause of the collision, based on the information reported, it appears that the driver of the big-rig may be responsible for this accident. The law pertaining to left turns is found in California Vehicle Code Section 21801: "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."

Truck Accident Personal injury Claims

Accidents involving commercial trucks can be complicated legal matters. Following an injury accident such as this September 20th truck accident on Highway 41, the injured victims or their family members would be well-advised to consult with an experienced and knowledgeable California truck accident lawyer. An attorney who specializes in representing victims of truck accidents can advise the victims and their loved ones of their legal rights, options and responsibilities, should they wish to pursue a personal injury claim against the truck driver, trucking company, or any other responsible parties. Damages recovered in a personal injury claim may include compensation for medical care and treatment, lost earnings, pain and suffering, and other damages.

Continue reading "Two People Injured in Highway 41 Big Rig Crash in Madera County " »

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" »

CHURCHILL COUNTY, NV -- Two people were tragically killed and about 20 others injured Friday morning when a semi-truck plowed into a California-bound Amtrak passenger train, multiple news outlets reported. The June 24th accident was reported at 11:25 a.m., at a crossing on U.S. 95 about 70 miles east of Reno. The California Zephyr train was en route from Chicago to Emeryville, CA, about 300 miles west of where the crash occurred. The driver of the truck died, along with an Amtrak conductor. About 20 others were taken to hospitals in Reno and Fallon. While most of the injuries were reportedly minor, two people reportedly suffered critical injuries and four suffered serious injuries.

Cause of the June 24th Nevada Train Accident

Authorities confirmed that the safety equipment appeared to be function at the railroad crossing., including the gates, red lights and bells. According to the Federal Railroad Safety Administration. No accidents or incidents were reported during the last 20 years. The cause of the accident will be investigated by the National Transportation Safety Board (NTSB). Amtrak issued the following information line number for people with questions about families and friends who may have been aboard the Zephyr: 800-523-9101

Train Accident Passenger Injury Liability

This accident will have unique liability issues because Amtrak is partly owned and operated by the U.S. government, and the track where the accident occurred is owned by Union Pacific Railroad. While the June 24th accident remains under investigation, the injured victims or their family members would be well-advised to contact an experienced and knowledgeable railroad accident lawyer. A personal injury attorney who has successfully handled train accident passenger injury claims can help the injured victims understand and protect their legal rights to recover maximum compensation for their injuries, including medical care expenses, lost earnings, and pain and suffering.

Continue reading "Two Killed, 20 Injured in Amtrak Train vs. Tractor-Trailer Crash in Rural Nevada " »

GLENDORA - A crash involving a Wal-Mart big-rig truck and several other vehicles left one person with major injuries, the Pasadena Star News reported. The accident was reported in the westbound lanes of the 210 Freeway, east of Grand Avenue at about 5 a.m. At least one person was taken flown to a local hospital by helicopter with major injuries. The cause of the April 29th Los Angeles County semi-truck accident remains under investigation. Based on the limited information provided in news accounts, the cause of the accident is unclear.

Truck Accident Personal Injury Liability

Trucking accidents, such as this one reported in Glendora, have unique liability issues. When a truck driver is responsible for an accident resulting in serious injury to others, the truck driver, trucking company, and numerous other parties may be financially responsible. In the interest of preserving evidence and protecting victim's legal rights to compensation for their injuries, it is advisable to speak with an experienced Los Angeles trucking accident lawyer as soon as possible following an accident. An attorney who has represented numerous victims of trucking accidents can advise victims and their families of their best course of action following an accident and help them ultimately recover the maximum compensation they're entitled to receive.

Continue reading "Major Injuries Reported Friday Morning in Glendora Big Rig Crash " »

DALY CITY - A Daly City police motorcycle officer lost control of his bike Tuesday afternoon on Highway 92 and was subsequently struck by a utility truck, the San Francisco Examiner reported. At about 4 p.m. on March 8th, the CHP received reports of a disabled 2000 Ford utility truck in the eastbound lanes of traffic near Skyline Boulevard. It later became apparent that the motorcycle officer was also involved in the crash, and had initially lost control of his bike due to oil in the roadway and was subsequently struck. The CHP is investigating the March 8th Highway 92 accident.

Continue reading "Daly City Police Officer Injured in Highway 92 Accident " »

A 30-year-old Bakersfield woman died following a horrific head-on collision on Highway 395 Monday afternoon in Hesperia, the San Bernardino Sun reported. The June 7th collision was reported on Highway 395 at Eucalyptus Street at about 4:55 p.m. According to news reports, Cynthia Guerra was driving a 2004 Nissan Quest minivan on Hwy 395 when a 2005 Chevy Silverado truck drifted into her lane and struck her vehicle head-on. Guerra was flown to Desert Valley Hospital in Victorville, where she died of her injuries. The San Bernardino Sheriff's Department is investigating the cause of the accident

The Victorville Daily Press reported that five vehicles, including a tractor trailer were involved in the collision. Further information about the other vehicles involved was not available. Five ground ambulances and four helicopters responded to the accident. Along with the one fatality, three people suffered critical injuries and three others suffered moderate injuries. The victims were taken to Arrowhead Regional Center and Loma Linda University Medical Center, fire officials said.

Continue reading "Bakersfield Woman Killed, Six Others Injured in Head-on Crash on Highway 395 in Hesperia " »

A man died early Thursday morning in a crash on Interstate 5 near Patterson, the Tracy Press reported.

The Stanislaus County accident occurred around 3:15 a.m. Thursday June 3rd, on southbound I-5, just south of Sperry Road. According to reports, the 68-year-old man driving the truck lost control of the vehicle for unknown reasons.

The vehicle veered off the roadway and the driver, a Tracy man who was not identified, died at the scene. Bee cages and at least 30 beehives were scattered across the highway and thousands of bees escaped.

Cause of the Crash

According to a CHP spokesman, the highway patrol is still looking into the cause of the crash, and whether or not a medical emergency may have sent the truck into the barrier. The agency will also look into other possible factors, such as whether a dangerous road condition or mechanical malfunction in the vehicle caused or contributed to the collision with the concrete barrier.

Continue reading "Tracy Man Killed in Interstate 5 Crash in Patterson " »

In personal injury lawsuit news, on May 29th, a jury in Yolo County awarded a 63-year-old man $1.5 million for injuries he suffered in a truck accident on October 2, 2004. According to the Daily Democrat, plaintiff Michial Jacobs was driving his pickup truck pulling a trailer on I-505 north of Highway 16 when the driver of a big rig truck behind him fell asleep at the wheel.

The big-rig, loaded with 40,000 pounds of sugar, rear-ended Jacobs' pickup truck and trailer at about 55 mph. Jacobs reportedly suffered a concussion, fractured a left rib, and an injury to his mid back which resulted in chronic back pain. He has not been able to return to work as a carpenter since the accident.

The truck driver was employed with Washington state-based companies Pacific Transportation Services and Ernie Newland. The Daily Democrat reported that the plaintiff offered to settle on June 20, 2007, for the insurance policy limits. As a result of the defendants' refusal to accept that offer, the plaintiff is entitled to an additional $442,000 in interest plus all costs. The jury's award is the largest known verdict for a single person's injury in Yolo County.

Continue reading "Yolo County Jury Awards $1.5 Million to Man Injured in Interstate 505 Truck Accident " »

The Napa County Sheriff's Department has reported four people in the same family spanning three generations were killed in a crash involving two big rig trucks on state Highway 12 (Jamieson Canyon Road) Thursday morning. The accident occurred around 8:20 a.m. on Highway 12, just east of Kirkland Ranch Road.

According to news reports, just moments before the crash occurred, a big-rig was travelling westbound on Highway 12 directly behind a Subaru. Traffic began to slow, and the driver of the big-rig did not stop in time, resulting with a rear-end collision with the Subaru in front of it. The impact pushed the car into oncoming traffic and into the path of an eastbound big-rig. The eastbound truck struck the Subaru and pushed it about 200 feet up the road.

According to the San Francisco Chronicle, killed were the four occupants of the Subaru: the driver Matthew Jay Smith, 48, of Ashland, Ore.; his daughter, Laura Katharine Smith, 19, of Downingtown, Pa.; and his parents, Richard Smith, 80, and Sally Smith, 74, of Simsbury, Conn.

The driver of the westbound big-rig in the initial rear-end collision suffered minor to moderate injuries. The westbound big rig also clipped a Chevy commercial truck that was reportedly in front of the small passenger car. A driver and passenger in the commercial truck were not seriously injured. The driver of the eastbound big-rig truck was also not seriously hurt.

The scene of this horrific accident must have been completely devastating. The fact that four innocent lives were lost is incredibly sad and heartbreaking. Our thoughts and prayers go out to the family members of the four victims of this tractor-trailer crash.

Continue reading "Four Family Members Killed in Highway 12 Crash Involving Two Big Rigs in Napa County " »

Two passengers in a Honda died Wednesday evening when a large hay baler truck struck the vehicle they were riding in, the Visalia Times-Delta reported. The Tulare County accident was reported at 5:55 p.m., at the intersection of Avenue 232 and Road 36, west of Tulare.

According to the Tulare County Fire Department, the two men who were killed were back seat passengers in the Honda. The driver of the Honda, Ullses Bello Gomez, 27, was travelling west on Avenue 232 (Tulare Avenue) when he attempted a left turn onto Road 36. The Honda was then struck by a hay baler going east on Avenue 232, driven by Robert Alavarado Jr., 55, of Tulare. Alvarado was not injured in the crash. Gomez was airlifted to Community Regional Hospital in Fresno with major injuries. One of the victims was identified as Alfredo Salado, 20.

Cause of the Accident

The cause of the fatal May 27th crash remains under investigation by the California Highway Patrol. However, the Times-Delta reported that the driver of the Honda was booked on suspicion of driving under the influence of alcohol. The investigation is ongoing and it was not clear how CHP officers determined the driver was under the influence.

Continue reading "Two Passengers Killed Southwest of Visalia in Suspected DUI Crash with Hay Baler Truck" »

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" »

A Plumas County woman died Monday afternoon in a head-on crash on Highway 99 in Sutter County, the California Highway Patrol reported. The victim, Martha Lynn Shower, 53, of Greenville was killed instantly when a northbound 1996 Ford 2x semitruck big rig crossed the center line and collided with her southbound Volkswagen Passat.

The April 19th Yuba City accident occurred at 3:12 p.m. on Highway 99 (Sawtelle Avenue) north of Hutchinson Road, according to the Appeal Democrat. Shower's husband and another passenger in the Passat were both hurt in the collision. At least one of them suffered possibly life-threatening injuries and was airlifted to Sutter Roseville Medical Center. The driver of the big rig, Mario Prado, 37, of Orangevale, and his nine-year-old daughter who was with him were both not injured.

The Appeal Democrat reported that Prado told investigators a heading and air conditioning van cut him off and he swerved to avoid hitting the van, and then lost control of the big rig and collided with Shower's VW Pasaat. Skid marks on the highway showed the path of the truck. Investigators did not suspect drugs or alcohol were a factor in the crash. Any witnesses to the crash are asked to contact the California Highway Patrol's Yuba-Sutter office at (530) 674-5141.

This horrific accident is not the first Hwy 99 head-on collision involving a fatality this year. A 68-year-old Gridley woman was killed February 14 in a head-on crash in Live Oak on Hwy 99.

Wrongful Death and Personal Injury Liability

The cause of the Sutter County head-on collision is still under investigation. However, if the reports of the crash are accurate, Martha Shower was not at fault for this collision on Highway 99. Whether or not the big rig driver was driving negligently, or if a third vehicle was actually involved is still under investigation.

The families of the victims in the Passat may benefit from speaking with a California highway accident lawyer familiar with the unique legal issues of head-on collisions and personal injury and wrongful death claims involving semi-trucks. Drivers of commercial vehicles are subject to specific Federal Motor Carrier Safety regulations that may be relevant in this case. An experienced and skilled lawyer will be able to advise the victims and their families of their legal rights and what types of damages they may be entitled to in a personal injury or wrongful death claim.

Continue reading "One Killed, Two Injured in Highway 99 Head-on Crash in Sutter County " »

A crash on interstate 5 involving a big rig, a fire truck and as many as 20 other vehicles left at least one person with major injuries and several others with less serious injuries, the CHP reported. The crash occurred during cold, snowy conditions Friday morning at about 11:20 a.m., near the Black Butte exit on Interstate 5, north of Redding. The CHP closed interstate 5 from Shasta Lake to Mount Shasta while the scene was cleaned up and investigated.

Who Is At Fault?

Chain reaction, pileup accidents are common occurrences in poor visibility situations. Especially at highway speeds, wet, snowy, or icy conditions can cause drivers to lose control of their cars when they try to stop suddenly. In multi-vehicle accidents, each driver may share some percentage of fault. Having an attorney on your side can be beneficial because your lawyer can negotiate a lesser degree of fault, and ultimately recover more compensation for your injuries.

Multi-Car Accidents and Insurance Claims

The California injury lawyers at Estey Bomberger have recovered millions for people seriously injured in multi-vehicle, chain reaction and pileup accidents. From experience, we understand the unique legal issues that these cases present, and the tactics insurance companies will use to try and assign fault to other drivers and delay compensation to victims. If you have been injured in this Interstate 5 accident, or any other multi-vehicle highway accident, and would like to discuss your case with a lawyer, call Estey Bomberger at (800)724-3817. All consultations are free, with no obligation.

A rear-end collision between a car and a FedEX Ground big rig truck on Interstate 80 early Tuesday morning left one person dead, the California Highway Patrol reported. The March 30, 2010 accident occurred at about 1:30 a.m. near West A Street in Dixon. One person in the car died in the accident and another person suffered major injuries and was taken to UC Davis Medical Center.

According to reports by News 10, the car collided with the big rig, which was parked on the shoulder of the freeway. It was not clear based on limited news reports whether the truck was legally parked, and whether the truck driver had set out safety reflectors. The family of the person killed in the accident and the person seriously injured would be well advised to talk to a California truck accident lawyer. If the big rig was parked illegally on the side of the freeway, the family may be entitled to compensation from the trucking company and the driver for being partially at fault. If the truck was legally parked, the driver of the car may be liable to the truck driver and trucking company for the damage and any injuries sustained by the truck driver.

The California injury lawyers at Estey Bomberger have handled a number of major injury and wrongful death accident claims against delivery truck companies such as UPS and FedEx, as well as accidents involving illegally parked big rig trucks. If you would like more information about your legal rights in an illegally parked semi truck claim, contact Estey Bomberger to discuss your case with an attorney.

Continue reading "One Killed in Crash Involving FedEx Big Rig on Interstate 80 in Solano County " »