California Injury Lawyer Blog

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 " »

Last week, a Superior Court jury in Sacramento awarded $24.3 million in damages to an Oregon girl who was run over by her father's big rig truck in 2004, the Sacramento Bee reported March 9th. The jury verdict to determine monetary damages came after a judge found the father's employer, Freeway Transport Inc., liable for the girl's injuries on December 14, 2009. In his decision, the judge determined that the defendant was listed on the shipper's bill of lading as the carrier, and the carrier had insured the load.

Diana Yuleidy Loza-Jimenez, who was 14 at the time, suffered catastrophic injuries on Novenber 27, 2004, when she got caught under the rear wheels of her father's truck near Mount Shasta. The accident occurred when Loza-Jimenez accompanied her father and mother on a Thanksgiving weekend long-haul trip from Hermiston, Oregon to Bakersfield, CA. While getting back into the truck after stopping for a break on the trip, she became caught in the wheels of the truck. Loza-Jimenez suffered severe injuries to her lower body, and she faces at least a dozen future surgeries, including a possible hip replacement.

Before the damages portion of the trial was decided, the judge ruled from the bench to exclude the jury from knowing it was the victim's father who accidently ran over her. Following a 13 day trial to decide damages, the jury awarded $24.3 million to the victim, including $2.2 million for the girl's past medical expenses, including $1.6 million in costs incurred at Shriner's Children's Hospital, plus $2.1 million for future economic damages, $8 million for past pain and mental suffering and $12 million for future noneconomic losses.

Continue reading "Sacramento Jury Awards $24.3 Million to Girl Run Over By Father's Truck " »

A 21-year-old Turlock woman died early Sunday in a crash on Highway 99 in Fresno. According to CHP reports, the accident happened at about 2:45 a.m., on Highway 99 at Clinton Avenue. The victim was one of five occupants in a car driven by Christine Naranjo, 23, of Delhi. Naranjo's vehicle was travelling northbound in the slow lane. For unknown reasons, the driver lost control, crossed into the other lanes and struck the center divider, coming to rest in the fast lane.

What happened following the collision with the center divider was not completely clear. According to reports in the Fresno Bee, officers believe Naranjo and another passenger got out of the vehicle. The car, with three other passengers in the rear seat, was then struck by another northbound vehicle, driven by Carlos Munoz, of Watsonville. The three passengers in the rear seat then got out of the vehicle.

Next, officers believe Naranjo's vehicle and one of her passengers, Guadalupe Regalado, 21, were struck by a northbound tractor-trailer. Regalado, of Turlock, died at the scene of the crash. Two other passengers suffered major injuries, and another passenger suffered minor injuries. All were taken by ambulance to Community Regional Center in Fresno. Munoz and his passenger were not hurt. Naranjo and the 53-year-old driver of the big-rig truck were also not injured in the accident.

Continue reading "Passenger Killed in Highway 99 Accident Involving Tractor-Trailer in Fresno " »

A New York Supreme Court jury awarded a $29.4 million verdict last August to the family of a New Jersey man who died following a horrendous car crash on January 25, 2002 on the New York State Thruway. Denise and Peter Malkin, of Franklin Lakes, New Jersey, were driving to Vermont to go skiing with their daughter when they encountered a freight container on a flatbed trailer that had crashed into the overpass, because the vehicle was too tall and clipped the underside of the overpass. Denise, who was at the wheel, swerved to avoid the wreckage and was subsequently broadsided by another tractor-trailer. Her husband Peter, 63, suffered serious internal injuries and a traumatic brain injury, and died due to complications of his injuries several weeks after the crash.

The family brought a suit against the driver of the truck that towed the flatbed trailer, Sebastian Termblay, the lessees of Tremblay's Truck, Tremblay's employers, the truck's lessor, and the trailer's lessor, and alleged the defendants were negligent in the loading of the tractor trailer. Each defendant said that another defendant had loaded the truck. During the two-week trial, the plaintiffs negotiated a $6 million settlement with Fiducie Location Pinard, the truck's lessor. The trial proceeded against the other defendants. The jury ultimately found that the truck accident was caused by negligent overloading of the tractor-trailer. The jury found that the plaintiffs' damages totaled $29,438,864, including $1 million for emotional suffering of the Malkins' daughter.

Continue reading "Jury Awards New Jersey Crash Victim's Family $29.4 Million for Fatal Truck Accident " »

The CHP shut down Interstate 40 Monday morning following a fatal accident in San Bernardino County, about 150 miles west of the Arizona border, near Kelbaker Road. According to reports, the driver of the big rig struck a guardrail for unknown reasons, causing the big rig to overturn. The accident was reported shortly after 6 a.m., according to the San Bernardino Sun. The driver's partner, who was sleeping in the back of the semi-truck, was killed. It is not known why the driver lost control of the semi-truck, as a highway patrol investigation is pending.

It is unfortunate to hear of yet another fatal accident on this freeway. Interstate 40 is a very common route for long-haul truckers, and serious accidents often occur on the 155 mile stretch of Interstate 40 in California. Trucking accidents have numerous causes, from driver fatigue, driver speeding, and even sending text messages while driving. Although the Federal Motor Carrier Safety Administration has numerous laws in place to reduce the number of accidents, fatal truck accidents such as this one still occur on a daily basis.

Continue reading "Sleeping Passenger in Big Rig Killed Monday Morning in Interstate 40 Crash " »

A jury in Albemarie County, Virginia awarded $5.25 million to the parents and sibling of a 16-year-old girl killed by a tractor-trailer on May 9, 2008. Kenneth Barbour, the driver of the tractor-trailer who ran a red light at the intersection of U.S. 29 and Ashwood Boulevard, pleaded guilty to involuntary manslaughter and reckless driving earlier this year. He was sentenced to a two-year active prison sentence.

In October 2008, the parents of Sydney Aichs filed a wrongful death lawsuit accusing Barbour along with Don B. Swisher Trucking Corp., and McCann Delivery Service of negligence. The suit claimed that Barbour did not slow down when he approached the northbound lane of the intersection, and that Barbour's employers did not train him adequately and also allowed him to drive the truck with defective parts. After a two-day trial, the jury deliberated for three hours before reaching a decision Friday evening, awarding $1.75 million each for Sydney's mother, father, and brother.

Continue reading "Jury Awards $5.25 Million in Fatal Truck Accident Lawsuit " »