California Injury Blog

An innocent motorist and his passenger were killed in a fiery three-car auto accident in Hollywood, which officials say was caused by two people street-racing in BMWs, while one of them, Carlos Steven John of Los Angeles, was driving under the influence of alcohol, according to an article in the Los Angeles Times . Police have arrested Carlos Steven John of Los Angeles and charged him with murder.

The fatal auto accident occurred early morning Saturday at Sunset Blvd. and Highland Ave. when the 21-year-old John, smashed into an Infiniti causing it to burst into flames. The driver of the Infiniti, who has not yet been identified, died on the scene. The passenger in that car who was first announced to be in critical condition with severe burn injuries, later succumbed to those injuries and was pronounced dead the following day. The BMW also struck another car, a Saturn Ion, but the driver of that car escaped with minor injuries, the report said.

The people responsible for this travesty must be held criminally and financially responsible for the death of two innocent men. Clear messages must be sent by our justice system that street racing participants will be held accountable for the losses they cause. What compensation is adequate for the loss of a family member?

Police are seeking the driver of the other racing BMW that sped away. That driver will also face criminal charges and as well as claims by the families of both of the deceased. The fleeing driver can be held just as responsible for this accident as the intoxicated driver.

It seems that we are representing more and more street racing accident victims in the last few years. In the last five years we have made more claims against the non-accident involved racing drivers than in the previous 24 years combined. It also seems that both freeway speeds and surface street speeds are up 5 to 10 mph over five years ago.

Continue reading "Two Killed In Fiery Hollywood Street Racing Car Accident" »

Motorcycles accidents are reportedly on the increase in the United States. Recent studies have found that motorcycle accidents have more than doubled over the last 10 years. California is only second to Florida among states that lead in motorcycle crashes. Here is a round-up of motorcycle accidents that happened around the country over the last few weeks:

Tricky turn: An unidentified man was said to have suffered critical injuries after he lost control of his motorcycle and went off the road in Rio Verde, Arizona, on Christmas Eve. The Arizona Republic reported that the accident occurred at a turn, but that weather and visibility were perfect. It’s not known if mechanical malfunction played a part in the accident.

San Jose fatal crash: David Flores, 47, reportedly died when he drove off the side of a San Jose road when he was on an afternoon ride with a friend, the San Jose Mercury News reports. According to his family, Flores was in a motorcycle accident in 2000 when he was hit by a woman who ran a red light. No one knows yet what caused Flores to lose control of his motorcycle.

Continue reading "Motorcycle Accident Round-Up" »

Kelly Caldwell was bitten and mauled to death by four dogs on Christmas night – all said to be pit-bulls. Now, even as people are placing flowers and stuffed animals on the street in Yermo where the ground is still stained with Caldwell’s blood, her family members are trying to make sense of this brutal mauling and investigators are trying to determine if criminal charges must be filed against the dog and its owners, according to an article in the Desert Dispatch.

Officers had to shoot two of the dogs, which they say were acting aggressively and quarantined two others. They learned later that all four dogs were owned by two men who lived in the same house on that street. What do the men have to say? That their dogs have nipped trespassers before, but that they would never jump over the fence and attack someone who was just passing by, according to another news report in the Desert Dispatch.

Investigators say they have no evidence yet to file criminal charges. But family members who saw Caldwell lying on the street said her legs looked like they were run over by a car and pieces of her body were scattered around the scene. Several neighbors told police that the dogs were aggressive and terrorized the neighborhood, a report in the Riverside Press Enterprise states. There are no documented complaints against the dogs.

Continue reading "Fatal Dog Bite Victim’s Family Struggles to Make Sense Of Brutal Mauling" »

Four Orange County residents died in a violent crash involving a big rig on a Tennessee highway when they were driving cross-country to visit family. The car went under a tractor trailer and got wedged underneath the big rig, the Jackson Sun newspaper reports. Those who died in the crash were: Judith Stele, 69; Rheta Kanter, 72; Brandt Stele, 69; and Gloria Friedman, 65.

The accident occurred when, for some unknown reason, their 2003 Toyota Avalon crossed the median into oncoming traffic and went under the tractor trailer. Judith Stele was driving the four-door sedan and it’s not clear why or how she lost control of the vehicle. Alcohol was reportedly not a factor in the fatal crash. All four who died were residents of Laguna Woods, the newspaper reported. The driver of the tractor trailer was not injured in the accident. The Orange County Register reports that the four friends were driving on a clear day and in good weather.

Continue reading "4 Orange County Residents Dead In Tennessee Big Rig Accident" »

There are several new driving laws going into effect in 2008. But the most important one in our opinion is the law that relates to cell phone and other use of communication such as texting while driving.

There are two new laws that go into effect July 1, 2008. All California adult drivers will be required to use a hands-free device and prohibit anyone below 18 years old from using a wireless telephone or texting device while driving.

SB 1613 outlines the law as it relates to adults. This law will make it illegal, effective July 1, 2008 “to drive a motor vehicle while using a wireless telephone, unless that telephone is designed and configured to allow hands-free listening and talking operation, and is used in that manner while driving. This offense would be punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. The bill would provide that this prohibition does not apply to a person who is using the cellular telephone to contact a law enforcement agency or public safety entity for emergency purposes, or to an emergency services professional while he or she operates an authorized emergency vehicle, as specified.” For more information on this law, please visit this Web site.

Continue reading "New Law Banning Hand-Held Cell Phone Use While Driving Is Much Needed" »

A 45-year-old Barstow woman is dead after being attacked by a pack of pit-bulls on the street on Christmas evening. According to a news article in the Desert Dispatch, the dogs (officials are still trying to determine how many) surrounded Caldwell and attacked her.

Police found Caldwell lying on the street around 9:30 p.m. Two of the pit-bulls that reportedly returned to the scene tried to attack officers who were trying to help Caldwell and determine what happened. Police shot both pit-bulls. Animal control officials took two other dogs, while another one is said to be at large.

Officials are still trying to determine who the dogs belonged to although they know at least two of the animals belonged to neighbors. They have also taken DNA samples from the two dead dogs, which confirm that they attacked the woman, an article posted on the local ABC station’s Web site reports. The two live dogs are being held as evidence, but will be released to their owners if it is determined that they did not attack Caldwell.

Police detectives are looking into whether the dogs’ owners knew whether the animals had any history of violence. If the dogs were dangerous and the owners knew about it, they could face criminal charges, officials told ABC. No arrests were made immediately, FOX News reports.

Continue reading "Pack Of Pit-bulls Maul and Kill Barstow Woman" »

California Highway Patrol Officer Anthony Pedeferri’s life was transformed in a fraction of a second. The 36-year-old veteran motorcycle officer, father of two young girls and a fierce competitor in eight triathlons this year, is now fighting for his life after being struck by a drunk driver on Highway 101 while he was talking to a driver he had just pulled over, according to a news report in the Ventura County Star.

The driver, who was said to be operating his vehicle under the influence, has been charged with felony DUI, vehicular manslaughter, possession of marijuana for sale and transporting marijuana, the newspaper reported. According to the article, the incident occurred when the officer pulled over a small SUV onto the right shoulder. When Pedeferri was talking to the driver of the SUV, White’s large pickup truck, for unexplained reasons, veered off the center lane on to the shoulder and into the back of the SUV.

Pedeferri was knocked out of his boots and thrown 20 yards into the brush on the side of the highway. The impact of the crash also reportedly started a fire and sent the two vehicles spinning into the center lanes. A woman, who had previously worked as a dispatcher in the Ontario Police Department, was a true hero in the incident. She was the one who saw the officer’s boots at the scene, tracked him to the bushes and called the 911 dispatcher so he got immediate help, the newspaper reported.

Continue reading "CHP Officer Struck By a Drunk Driver, Seriously Injured" »

It was like a scene from a horror/thriller movie. It was every child’s zoo nightmare translated into gory, grisly reality at the San Francisco Zoo. On Christmas Day, almost at closing time, a Siberian tiger somehow escaped from his grotto and went on a bloody rampage at the zoo’s café, killing one patron and seriously injuring two others, according to an article in the San Francisco Chronicle.

CBS.com reported that the San Francisco Police Department has opened a criminal investigation, as Police Chief Heather Fong is reported to have said, “...to determine if there was human involvement in the tiger getting out…” Sounds like the police have some suspicions as to how this happened.

At first authorities weren’t sure which one of the zoo’s five tigers mauled the visitors, but later determined that it was Tatiana, the same 4-year-old Siberian tiger, that had chewed a zookeeper’s arm during an attack about a year ago. Although state investigators determined that the attack was the zoo’s fault because they did not configure the cages properly, the zoo authorities decided not to put down Tatiana because they determined it was a “random attack” and was something that could be fixed with a $250,000 safety upgrade.

The tiger initially attacked and killed 17-year-old Carlos Sousa Jr. of San Jose near the grotto apparently when the tiger first got out. The tiger then proceeded to attack two other men in the café. The two injured men are brothers from San Jose ages 19- and 23-years-old. Their conditions have been upgraded to stable condition at San Francisco General Hospital after surgery. They suffered deep bites and claw wounds on their heads, necks, arms and hands, said Dr. Rochelle Dicker, a surgeon. She said they were expected to make a full recovery, according to MSNBC.

When four police officers arrived, the tiger that was sitting next to a victim, resuming its attack of the bloodied man. When the tiger made its move toward the officers, they all fired their guns, striking and killing the animal. Officers, who combed the zoo through Wednesday, did not find additional victims.

Continue reading "Zoo Tiger Escapes, Mauls and Kills 1, Injures 2" »

Motorcycle accident fatalities are very much a reality in California and across the United States. In fact, a recent article in the San Diego Union-Tribune points out that with more and more baby boomers riding motorcycles, serious injury and fatality accidents are on the rise.

The article talks about the spike in motorcycle accident deaths in North San Diego County. According to the report, the California Highway Patrol has already investigated 15 fatal motorcycle crashes this year, compared to eight last year – that’s almost a 100 percent increase over just one year. CHP officials say they don’t know what’s causing these incidents and what can be done to stop these deaths.

This reflects a nationwide trend as well, according to a recent report from the National Highway Transportation Safety Administration (NHTSA), which shows that motorcycle fatalities last year made up 11 percent of all traffic deaths in the United States. That number was only at 5 percent in 1997.

Continue reading "Sharp Spike in Motorcycle Accident Deaths Shown Nationwide" »

Nursing home abuse and negligence has become one of the most serious forms of personal injury plaguing our senior population in the United States today. Here is a list of nursing home abuse-related stories that were in the news lately:

AA Citation: Pacific Coast Manor, a nursing home in Santa Cruz, was fined $100,000 after a state investigation concluded that inadequate care led to the death of a 71-year-old woman, the Santa Cruz Sentinel reported. The nursing home reportedly failed to monitor the woman’s narcotic medications, which led to her death. The facility received the AA citation, the most severe penalty for a nursing home violation.

Resident dropped: Sky Harbor Care Center in Yucca Valley is also facing a $100,000 fine after state investigators determined that a female resident died from complications as a result of being dropped on her knees by a nursing home employee, according to the Riverside Press Enterprise. This was the second big fine in one week for this nursing home. The other one had to do with a 91-year-old woman, who had been dropped on her head by another employee.

Accident: Only weeks after its license was fully restored, a Pennsylvania nursing home was slapped with another $3,000 fine after a female resident was dropped while being lifted by a mechanical device. Laurel Cresh had been on provisional license for nearly 24 deficiencies found during an inspection in March.

Fighting back: A Tennessee nursing home is fighting a state fine and ban from accepting new patients. The state’s health department had found numerous violations during investigations at the Hermitage nursing home in October and November.

Continue reading "Nursing Home Violations/Abuse Report Round-Up" »

This is unbelievable. A U.S. Court of Appeals twice struck down the Bush administration’s regulation giving truck drivers more time behind the wheel. But last week, the Department of Transportation (DOT), a federal agency paid for with our tax dollars, decides to reinstate this regulation, which is controversial because it doesn’t make sense.

The Department of Transportation (DOT) not only brought the regulation back, but in the process increased truck drivers’ Hours of Service (HOS) to 11 continuous driving hours and 88 hours in an eight-day period (http://www.theautochannel.com/news/2007/12/17/073670.html). The new rule significantly increases truck drivers’ workdays by 40 percent, more hours over an eight-day period and allows them to drive 28 percent more hours over the same eight-day time period.

This beats logic because it is a known fact that tired truckers cause a majority of big rig crashes around the nation. These are crashes that mostly result in fatalities or catastrophic injuries and 97 percent of the time, the people in the other vehicle (not the big rig) are the most injured or affected.

Fatigue is known to be a major contributor to fatal truck crashes. The National
Transportation Safety Board and other safety research groups all over the world, have found that nearly 40 percent of big truck crashes are caused by driver fatigue. After 17 to19 hours without sleep, a driver’s reaction time is up to 50 percent slower, which is apparently the same as having a .05 percent blood alcohol level.

Continue reading "Big Rig Drivers’ Hours Of Operation Could Be Increased" »

The Department of Transportation last week released new statistics, which show that the daily death toll from drunk driving crashes is significantly higher during the holiday season (http://www.dot.gov/affairs/dot12807.htm).

Data released by the National Highway Transportation Safety Administration shows that between 2001 and 2005, there were about 36 deaths a day as a result of an alcohol-impaired driver. That number increases to 45 per day during the Christmas holidays and skyrockets to 54 per day during the New Year’s holiday, the report says. It also states that 38 percent of all traffic fatalities during Christmas involved someone driving under the influence and that number went up to 41 percent during New Year’s.

Driving with a blood alcohol level of .08 or higher is illegal in all 50 states and the District of Columbia. This study has kicked of a $7 million nationwide public awareness campaign telling people about the crackdown on drunk drivers during the holiday season by local law enforcement agencies.

There is no question that the consequences of drunk driving are very serious and real. We’ve already seen so many DUI crashes in Orange and Los Angeles counties this holiday season that have involved deaths and catastrophic injuries. Holiday season or not – drunk driving is a bad idea. It is irresponsible, unethical and extremely dangerous. You could not only injure or kill yourself, but seriously harm the person riding with you or the person traveling in the vehicle you strike.

Drunk drivers also face criminal charges as they should. In addition they are liable for the injuries they cause to the people involved in the auto accident. This holiday season, do the responsible thing. Do not drink and drive. And have a wonderful holidays season. For more information about NHTSA’s report and a copy of the new statistical analysis, “Fatalities Related to Alcohol-Impaired Driving During the Christmas and New Year’s Day Holiday Periods,” visit this Web site .

A Georgia jury has awarded $3 million in compensatory damages against Ford Motor Co. in the case of a 76-year-old woman who died after the seat back of her car broke in a rear-end accident. Mary Reese of Augusta, Ga. was driving a Ford Tempo when she was struck from behind by a big truck that was carrying gravel, the article said.

Her car plummeted down a steep embankment. Reese was taken to the hospital with severe spinal and head injuries. She died 23 days later, the article reported. Reese’s adult children filed the product liability lawsuit against Ford alleging that the seatback failure in the Ford Tempo caused their mother’s lethal injuries. The jury awarded compensatory damages, but not punitive damages in this case.

And what do Ford officials have to say about the verdict? They’re going to appeal the $3-million award, according to a spokeswoman. Ford maintained during the trial that the seats were “made to protect front-seat passengers by yielding and absorbing the energy of a rear-end crash.” The company maintained that the intensity and severity of the crash caused Reese’s death, not the car seat.

Continue reading "Georgia Jury Awards Family $3 Million in Ford Seat Back Defect Case" »

The parents of two young girls who were killed in a big rig crash in Madera County last year, have reached a $9 million settlement with the trucking company, the Fresno Bee reported. The accident occurred June 9, 2006 when a concrete pumper truck rear-ended the family car on Highway 41, the article said.

The sisters – Korren Radke, 7, and Chloe Baker, 2, died in the chain reaction crash. The speeding big rig hit the family’s car, which was among several stopped for a disabled vehicle on the freeway. Chloe’s parents – Charles Baker and Amber Allen-Baker -- will receive $7.5 million in the wrongful death lawsuit while Korren’s dad, Craig Radke, will get about $1.5 million. Amber is also Korren’s mother.

Another woman, whose car was hit by the big rig after it hit the Bakers’ car, will get $75,000 from the settlement, the newspaper reported. A settlement usually means that the trucking company pays without admitting fault. But California Highway Patrol officials reportedly said that the driver employed by Brundage-Bone Concrete Pumping was driving at an unsafe speed and was not able to stop.

Continue reading "Girls’ Parents Settle For $ 9 Million in Fatal Big Rig Crash" »

This holiday season has already witnessed a multitude of DUI fatality crashes in Los Angeles and Orange counties. A lot of times, the person who is killed is not the drunk driver, but the passenger or the driver of the car that is struck. This time, it happened in the case of a 26-year-old Mission Viejo woman who died in a single-vehicle rollover crash when the vehicle she was riding in crashed into a tree, The Orange County Register reported.

The driver of the 1994 Toyota Land Cruiser, Ann Velasquez, 25 of San Juan Capistrano, was reportedly driving under the influence. The victim, Yesenia Orozco who was not wearing her seatbelt, was ejected from the vehicle on impact and died of blunt force trauma to the chest. The Register reports that she was only four days shy of her 27th birthday. Velasquez, who was also not buckled up, did not suffer life-threatening injuries, but was charged with gross vehicular manslaughter and driving under the influence. Two men, who were sitting in the back seat buckled up, suffered only minor injuries, the newspaper reported.

Continue reading "DUI Crash in Orange County Kills 1, Injured Three" »

Ford Motor Co. is recalling almost 1.2 million vans, sport utility vehicles and heavy-duty pickup trucks because of a faulty engine sensor that could cause sudden stalling and cause drivers to lose control of their vehicles, according to a news report in the watchdog Web site Consumeraffairs.com.

The automaker reported to the National Highway Transportation Safety Administration (NHTSA) that these defective vehicles could stall without a warning very likely causing a crash, the Web site article said. It also cited an NHTSA report that says that the Ford vehicles’ camshaft position sensor located on the engine could function intermittently and lead to an engine stall and potential auto accident. The sensor in question is an electrical component that helps control the fuel flow into the engine.

This most recent recall reportedly includes vehicles built between 1997 and 2003. Among the recalled vehicles are Ford’s E-Series full-size van, the Excursion SUV and the F-450 Super Duty pickup truck. This hardly comes as a surprise to our personal injury law firm, which has been conducting independent and expensive crash tests on Ford vehicles for many years now. At Bisnar Chase, we’ve tested Explorers, Expeditions and Excursions and found that these vehicles have dangerous defects.

Continue reading "Ford Recalls 1.2 Million Trucks, Vans and SUVs" »

Just as a Long Beach family was mourning the death of three girls in a fire caused by a space heater Friday, the girls’ aunt was wounded in a shooting not far from the home where her three nieces died, the Los Angeles Times reported. The 21-year-old woman was reportedly shot in the lower leg when she was standing near the burned detached garage. Stephanie Aviles, 6, and her sister Jasmine, 10 died Friday while another sister Jocelin, 7, died Saturday. Let’s pray for this family that has been hit with one tragedy after another over such a short period of time. And let’s hope investigators zero in on how this horrific tragedy unfolded and who is responsible for it.

Eight children were injured – one critically – in a 15-passenger van crash in Queens. The students were being transported to school illegally because the bus driver did not have the required license, according to an article in the New York Daily News.

Nine-year-old Rebecca Frazier suffered severe head injuries and underwent surgery after the crash while seven other children suffered minor injuries, the newspaper reported. The van’s driver, 60-year-old Gene Boyd, was arrested and charged with reckless endangerment and endangering the welfare of a child, the article said.

New York State prohibits the use of 15 passenger vans to transport school children. The National Highway Transportation Safety Administration (NHTSA) has repeatedly issued alerts about the dangers of these vans, which are still used by some schools, universities and church groups to transport larger groups of people. Click here for a complete report by the NHTSA outlining the danger of these vans. Also on this site is streaming video showing crash test results. We would be surprised if anyone gets into one of these death traps after watching these videos.

Continue reading "15 Passenger Van Crash in New York Leaves One Child Critically Injured" »

Two young girls were killed and another was critically injured in an apartment fire at 1052 Martin Luther King Jr. Ave., Long Beach, California early Friday morning. Long Beach firefighters knocked out the fire within five minutes of their arrival. The fire inside the converted garage apartment was reportedly caused by a portable heater. This is all according to an article in the Press Telegram.

The three sisters were immediately taken to Memorial Medical Center. Stephanie Aviles, 6-years-old and her sister Jasmine Aviles, 10, died there. Friday afternoon, Jocelyn Aviles, 7-years-old, was transferred to Torrance Memorial Medical Center’s burn unit which is much better equipped to treat Jocelyn and the only true burn center in the southern region of Los Angeles County.

Continue reading "Long Beach Apartment Fire Kills Two and Critically Injures Another" »

A defective seat mounting or restraint system is now suspected to be the cause of death of Gavin Fletcher, a popular Times Colonist sports editor, who was ejected from his Nissan Infiniti along with his driver’s seat when the Nissan crashed last year according to an article in the Times Colonist.

The Times Colonist quotes British Columbia coroner Rose Stanton, as saying their investigation has centered on mechanical issues and " … that the cause of death may be partially as a result of a mechanical failure in Mr. Fletcher’s car." The report goes on to say that Stanton is waiting on a response from experts who have been analyzing Fletcher’s Nissan Infiniti.

Reports of the accident investigation indicate that Fletcher was wearing his seatbelt and traveling the speed limit at the time of the accident. He apparently lost control of his vehicle, slid backwards striking a rock wall and that he and the driver's seat were violently ejected through the rear windshield. Fletcher died instantly.

Continue reading "Auto Defect in Nissan Infiniti Suspected in Highway Death" »

The American Association for Justice (AAJ) scored an important victory this week. According to the group’s President, Kathleen Flynn Peterson, the Senate with a 53-41 vote beat back a proposal to preempt state law and put sweeping limits on medical malpractice actions involving OB/GYN care.

Of all the issues before our country today, the Senate was in a way forced to vote on this issue, which was tacked on to – of all things – the Farm Bill! Although medical malpractice had nothing to do with farming, agriculture or biodiesel, New Hampshire Senator Judd Gregg insisted on “offering a draconian 30-page amendment that would have imposed every tort restriction imaginable in cases involving OB/GYN care in rural America,” Peterson explains.

These proposed restrictions would include everything from caps on damages to limits on fees to special protections for drug manufacturers. Isn’t that nice? To sneak in such an amendment as part of a Farm Bill that has nothing to do with tort reform. Had this legislation been passed, it would’ve seriously hurt mothers and babies who have already been hurt by medical malpractice. This would’ve seriously affected their legal rights and their rights as Americans to get justice.

Continue reading "AAJ Successfully Lobbies Against Restrictions On Medical Malpractice Claims" »

A Napa family is suing a local nursing home alleging that caregivers did not follow the care plan specified for the resident, which resulted in her death. According to an article in the Napa Valley Register, Eulalia Grimoldi died within a couple of months of being admitted to the Napa Nursing Center because of acute dehydration. Family members, who filed the wrongful death lawsuit, say they had specifically told the nursing home to “encourage Grimoldi to drink fluids.”

Grimoldi had been diagnosed with dementia when she was admitted into the nursing home in May 2006. In less than a month, nursing home staff had her admitted to a local hospital because they saw she had a “decreased level of consciousness.” However, hospital staff noted in their records that Grimoldi suffered from acute dehydration.

What is interesting is that the nursing home was fined $15,000 by the Department of Public Health “for failing to follow a care plan that called for staff to encourage Grimoldi to drink fluids.” According to the documents cited by the newspaper, health department officials had noted that this violation by the nursing home staff “presented imminent danger that death or serious harm would (or could) result.”

Continue reading "Napa Nursing Home Faces Wrongful Death Lawsuit" »

A head-on crash involving two vehicles on Highway 111 near Indio left three people, including an infant, dead and four others injured, according to a news report in The Desert Sun newspaper. Officials are still trying to determine what caused the early morning crash, which occurred in a farming community in small-town Mecca.

From this article, it seems as if not many people might have witnesses it. Neighbors told the newspaper they came out after hearing a loud noise. Apparently one of the vehicles drifted over to oncoming traffic causing the fatal collision. Those killed in the crash were Rafael Hernandez, 47, of Long Beach; Aileen Gutierrez, a 3-month old girl from Somerton, Ariz. and a third victim yet to be identified, the article said.

The four passengers, who suffered severe injuries, were reportedly airlifted to local hospitals. The injured victims’ names were not released either. The crash reportedly caused significant delays on the highway.

Continue reading "3 Killed, 4 Injured In Head-On Collision Near Indio" »

A 28-year-old female driver was arrested in Hemet on suspicion of gross vehicular manslaughter and driving under the influence after she fatally struck a bicyclist on a city street, the local NBC news station reports. The 38-year-old bicyclist was reportedly riding on North Yale Street at about 8 p.m. Dec. 9 when the accident occurred, police told Channel 4.

The driver, Desiree Bliss, told officers that she was “distracted by something behind her” and turned to look back. She said she hit Danny Walton just as she turned her attention back to the road. Walton was taken to Hemet Valley Medical Center, where he was pronounced dead a few hours later.

Continue reading "Bicyclist Killed in Fatal Hemet DUI Accident, Driver Arrested" »

A man was dead in Norco after his trailer caught on fire sparked off by an electrical short from a remote-control car battery, the Riverside Press-Enterprise reported. Donald Lee Moss, 38, was asleep in his trailer when flames ripped through the RV he was staying in, the article stated.

Moss had reportedly gone to bed just before the fire broke out and was apparently planning to race his remote-control cars the next day. The battery for the cars was charging as he slept, the newspaper reported.

The fire was so intense and so powerful that that the heat caused the windows to burst out, the article said. Neighbors tried to help Moss, but they didn’t know if he was inside or had made it out. Finally, one neighbor smashed open a window using a hammer. Moss had suffered severe burns and died at the Corona Regional Medical Center shortly after he was taken there.

Continue reading "Man Dies In Trailer Fire Possibly Sparked By A Remote-Control Car Battery" »

While it’s not necessarily a quick fix, there may be a way parents can protect their children from unsafe toys containing lead-based paint this holiday season. According to National Public Radio, there are a few inexpensive testing kits out there that will allow parents to test toys for lead before putting them under the tree.

The test sets usually call for a Q-tip-type instrument (think CSI), to be dipped into a clear solution, which is then applied and rubbed onto the toy for approximately 30 seconds. Apparently, the more lead on the toy’s surface the faster the solution will react. According to Dave Lachance, developer of one of the lead test kits, Abotex Lead Inspector (which sells for $13), if the color changes to dark black it is indicative of high levels of lead. The solution can take up to 10 minutes plus to react to lower lead concentrations, Lachance said. Not surprisingly, the toy Lachance tested for his story came from China, from which many lead-based toys have been recalled this year.

Continue reading "Lead-Tainted Toys Take the Fun Out of Christmas Shopping for Anxious Parents" »

A 2006 Honda Civic collided with a Freightliner tanker truck on Highway 37 Friday morning killing Micheal McIntosh, 24, of Travis Air Force Base according to Vallejo, California fire officials, as reported on the Times-Herald website.

The big rig accident occurred at about 2:30 a.m. when the Honda spun into the path of the oncoming Freightliner tanker truck, just west of the Mare Island Bridge the California Highway Patrol said. The driver of the Honda, Hannah Johnson, 20, of Fairfield allegedly lost control while traveling about 60 mph, east bound on Highway 37. Johnson sustained moderate injuries.

Jonathan Dinisio, 27, of Solvang, another passenger in the Honda, was airlifted to John Muir Medical Center with major injuries. According to the Times-Herald news report, fire officials said it took 19 minutes to extract Dinisio from the Honda after the 14 minutes it took to get McIntosh out. McIntosh died on the way to the hospital from major head injuries, fire officials said.

Continue reading "Vallejo Tanker Truck Accident Kills One, Three Injured" »

An Arizona jury awarded $36.5 million this week to the family of a man who was killed in a Kansas big rig crash. According to an article in the Arizona Republic, the four-week trial ended the way it did because the trucking company did not want to hand over driver logs that the company is required to maintain under federal regulations.

The verdict included more than $13.5 million in punitive damages. The logs, which Swift Transportation Co. said it could not produce, would have helped plaintiff’s attorneys and jurors determine whether the big rig driver was driving more hours than he was legally permitted or whether he was fatigued at the time of the crash. The jury not only considered the truck company’s attitude in this case but also the fact that the accident victim, 57-year-old Thomas Steven, was survived by his wife and eight children, ranging in age from 13 to 26, the newspaper reported. Steven was reportedly the owner of a plumbing supply business in Wichita.

The crash happened in April 2004 when the big rig driver did not slow down on a Kansas highway intersection. He reportedly cruised over three sets of rumble strips meant to caution drivers about an approaching stop sign. Then, he drove right through the stop sign and slammed into Steven’s Chevy Suburban, killing him. Steven’s two passengers suffered serious injuries. After the crash, the big rig driver, Kevin Jones, was not able to explain why he did not stop.

Continue reading "Jury Awards $36.5 Million to Family Of Man Killed In a Big Rig Crash" »

State officials have imposed a $100,000 fine on a Fontana nursing home in connection with the death of a resident in March, the Riverside Press Enterprise reports. As it turns out, it is the second death for which Citrus Nursing Center has been blamed for in the last three years, the newspaper article says.

The nursing home was cited most recently in October for not taking care of a 91-year-old woman who was dropped on her head. A staff member reportedly did not follow proper procedure while moving the woman from a wheelchair to a bed, according to California Department of Public Health records. The woman died nine days after taking the fall. Interestingly enough, this incident happened Feb. 24, only two weeks after the staff member was trained on how to use the portable lift she attempted to use to transfer the resident in question.

The citation given to Citrus is termed an “AA” citation – which means, it is the most severe penalty that can be issued by law. The nursing home is yet to pay the fine, officials told the newspaper. And apparently, this is not the company’s first violation. Previously, they’ve been cited for failing to contact a doctor about a patient’s worsening condition from a deadly bacterial infection. In another instance, they did not contact the doctor of a diabetic patient, whose blood sugar levels were unsafe.

Continue reading "State Officials Slap $100,000 Fine On Fontana Nursing Home" »

A Kentucky man, who suffered severe brain injuries when he was struck by a bus, will get about $ 7 million in an out-of-court settlement that was finalized this week. According to a UPI news report, Kevin Hable, himself a successful attorney, was forced to quit his job and his career because of brain damage and debilitating injuries.

Hable’s attorneys say they found out that the bus company, was negligent in hiring driver Terra Walter, a woman convicted of possessing cocaine and a crack pipe, according to an article in the Courier-Journal. She had also failed two drug treatment programs and had been ordered by a court to a third rehab program.

But the TARC bus company put her behind the wheel of a city bus and continued to keep her in spite of the fact that she tested positive for cocaine the next year. What was the result of that decision? It changed Hable’s life in an instant. According to the newspaper, the man was managing partner of law firm Wyatt, Tarrant & Combs, making more than $400,000 a year, a 52-year-old outdoorsman who ran 5 miles a day and top aide to two Kentucky governors. Now he cannot even walk his dogs.

Continue reading "Prominent Lawyer Severely Injured In Bus Crash Settles For $7 Million" »

A 26-year-old man died after he crashed his Lexus ES 300 into a tractor trailer that was parked on the shoulder of the 210 Freeway in Claremont, according to an article in the Inland Valley Daily Bulletin.

The article says that Arthur C. Yeh, an Upland resident, was in his Lexus doing about 70 miles an hour when he drifted on to the shoulder, speeding up as he approached the disabled tractor trailer. The driver of the big rig was reportedly standing right in front of his truck when Yeh slammed into it, the Daily Bulletin reports. Fortunately he suffered only minor injuries and got a cut to his arm when the headlight from the Lexus flew off and struck him in the arm, the newspaper reports.

Continue reading "Lexus Drifts Off 210 Freeway Slamming Into Parked Big Rig" »

Officials suspect it could’ve been caused by road rage or street racing

A 29-year-old woman was killed after her 1999 Ford Explorer sport utility vehicle veered off the 15 Freeway in Fontana, causing her car to flip several times. According to an article in the Inland Valley Daily Bulletin, the crash was reportedly caused by road rage or street racing.

The newspaper reported that Lauda Young, 28, and Maxine Ferry, 29, were both driving in separate vehicles south on the 15 Freeway. According to eyewitness accounts, both women were traveling at a high rate of speed – 80 to 85 miles an hour. At one point, Young cut off Ferry with her 2004 Toyota Corolla in the slow lane leaving no more than three to five feet between the two vehicles, the article stated.

Ferry was forced into the dirt on the right shoulder because Young was tapping on her brakes while driving in front of Ferry, California Highway Patrol officials said. It was then that the Explorer veered back on to the road and began to fishtail. But at this point the Explorer was reportedly way out of control. Back on the shoulder, the SUV rolled over three or four times before it came to a stop.

Continue reading "Woman Killed In Ford Explorer Rollover Crash In Fontana" »

Hermino Gonzalez, 27, of Costa Mesa was killed Saturday night when crossing a street in Chino. The driver of the car, Danielle Cheney, 21, was neither arrested nor cited. This is all according to an article in the Orange County Register.

The newspaper quoted Michelle Vanderlinden, a public information officer for the Chino Police Department, as saying Gonzales was pronounced dead at the scene. Gonzalez was crossing Edison Avenue in the 5300 block, not in a cross walk, when he was struck by a white Geo Prism, Vanderlinden said.

Vanderlinden also said that investigators believe alcohol was involved and that toxicology tests have not been completed. She also said Gonzalez was attending a wedding reception on the Chino Fairgrounds in Brinderson Hall, when the pedestrian accident happened.

Continue reading "Does Drinking At A Wedding Reception Warrant A Death Sentence?" »

The driver of a Ford F-150 that collided with a CalTrans vehicle Thursday morning on Interstate 5 died at the scene and his passenger was transported to a nearby hospital by ambulance according to an article on The Signal’s website. The Signal is a Santa Clarita newspaper.

According to the newspaper, the accident occurred at about 10:15 a.m. on southbound I-5 before the Parker Street overpass in Castaic. A CalTrans signal vehicle that was following a street sweeper was struck from behind by a white Ford F-150 pickup truck. The Ford pickup sustained severe damage. The signal vehicle’s collision impact cushioning device was only grazed. The street sweeper was working on the shoulder of the far left lane of southbound I-5.

The report did not mention any injuries to any CalTrans employees.

Continue reading "Who Is at Fault for Truck Driver’s Death?" »

A disturbing article in the Los Angeles Daily News says that many drivers who cause hit-and-run traffic collisions in the San Fernando Valley and the city of Los Angeles actually get away with it. According to this news report, last year nearly half of all 16,792 traffic collisions in the Valley were hit-and-runs. But apparently, Los Angeles Police Department investigators have solved only 54 percent of those cases.

Just from watching the news and keeping track of recent accidents, we know that hit-and-runs are only going up in Los Angeles and Orange counties. Increasingly, many of these accidents involve major injuries or deaths. But it’s outrageous and disgusting that in the San Fernando Valley, there’s a 50-50 chance that if you hit someone and leave them to die on the street, there’s a good chance you’ll get away with it!

The incidence of hit-and-run accidents is reportedly higher in the Valley and city of Los Angeles than neighboring cities such as Burbank (13 percent), Santa Clarita (24 percent) and Glendale (29 percent). So, who are most often the culprits in hit-and-run crashes? There’s no surprise there – a majority of them are drunk drivers, people driving without licenses or those who have a warrant out for their arrest, the newspaper reports. Sometimes, these folks are so drunk that they don’t even know if they’ve damaged someone’s vehicle or have struck and killed a pedestrian.

Continue reading "Hit and Run – A Crime Without Consequence?" »

Gloria Levesque is getting her day in court today. Gloria was catastrophically injured in an auto accident when the Ford Expedition she was a passenger in rolled over and the roof caved in crushing her. As a result of the roof crushing in on her, Gloria suffered severe head and spinal injuries. She is permanently disabled.

The auto product liability lawsuit, Gloria Levesque vs. Ford Motor Company, started today, December 3, 2007, in Los Angeles Superior Court, Central District, before the Honorable Ricardo Torres. Brian Chase, my partner and chief litigator for the firm, is heading Gloria's trial team.

Mr. Chase will offer evidence that Ford knowingly manufactured and sold the Ford Expedition sport utility vehicle (SUV) with a defective roof that collapses during rollover accidents. Gloria Levesque, was permanently paralyzed on July 25, 2003 when the Expedition she was a passenger in swerved to avoid a collision with a big rig and the Expedition rolled over several times. During the rollover, the roof crushed inward, causing her permanent head and spinal injuries.

We have been gathering evidence on this case and doing testing of the Ford Expedition for two years. I believe that the evidence will show that Ford knowingly chose corporate profits over the safety of their SUV's occupants. Could it be that an American auto maker would willingly ignore known catastrophic injury problems of their SUV just to improve their profits?

"Ford clearly put profit before people," says Brian Chase. "This is another example of an auto maker profiting from the production of a vehicle known to have serious and life threatening defects. For only $30, Ford could have easily strengthened their SUV's roof structure to withstand these types of rollover roof failures.

If only Ford had strengthened the Expeditions' roof structure along the lines that some of their engineers suggested, Gloria Levesque would be teaching at her Montessori school as she had for the past 25 years. Instead she is unemployed, permanently disabled, and catastrophically injured.

Our case against Ford alleges that Ford manipulates the general public into believing that their large SUVs are safer compared to other vehicles while knowing that their SUVs have one of the highest rates of rollover injuries and deaths of any vehicle on the road today.

"Ford's SUVs are not built strong enough to protect the front seat occupants from being catastrophically injured during a rollover, says Brian Chase. "Ford knows this and have for years. However, Ford chooses to ignore this inherent safety problem in order to save $30 per vehicle."

A jury of 12 Southern Californians are going to decide if Gloria's claims are true and weather she deserves compensation from Ford. Hooray for our justice system that gives a school teacher nearly equal standing as Ford, to present her grievances, to request Ford be held accountable and that justice be done.

Regardless of the outcome of this trial, please pray for Gloria and her family. Her paralysis and brain injury have turned her into a shadow of who she was and put a enormous strain on her family to take care of her. They could use your prayers and well wishes.

A speeding driver traveling at more than 90 miles an hour and involved in a dangerous street race may have caused a fiery crash in Anaheim Hills last week that killed one man and seriously injured another, according to a news article in The Orange County Register.

Justin Simpkins died after losing control of his 1987 Mercedes on Santa Ana Canyon Road and his 22-year-old brother, Ryan, who was a passenger in that car, is fighting for his life. Witnesses who spoke to investigators said the Mercedes was racing another car at the time of the crash, the newspaper reported. The speed limit on that street was 45 mph, but Justin Simpkins may have been doing more than 90 mph, officials said.

Justin was pulled out of the car by firefighters just before the car burst into flames, the Register reported, while his brother was ejected from the vehicle. According to Anaheim Police Sgt. Rick Martinez who is quoted in the Register news article, these type of speed-related accidents are quite common in that area.

Continue reading "Street Racing Takes Yet Another Young Life In Orange County" »

Most recent fatality statistics compiled by the Farmers Group Inc. auto insurance company show something a lot of us already know – seatbelts save lives. According to a UPI news report these numbers indicate that the best chance for a person to stay alive in an auto accident is to remain buckled up.

Farmers Group reportedly looked at Department of Transportation data and information from 2006 for the purpose of this study. Researches concluded that drivers who used seatbelts were 70 percent less likely to be killed in a car crash than drivers who were not wearing their seatbelts, the UPI report said.

Continue reading "Seatbelts Save Lives, Study Says" »

Big news out of Sacramento came late Wednesday afternoon. Ford Motor Co., which was facing a humungous class-action lawsuit involving a million consumers from four states, announced that a settlement has been reached and awaits approval by the court (http://www.sacbee.com/101/story/529480.html).

So what’s the deal? Consumers, who said in this class-action lawsuit that they were duped by Ford’s claims that the Explorer sport utility vehicle was a safe vehicle, will now qualify to apply for $500 discounts on a new Ford Explorer or $300 discounts other Ford vehicles. The settlement will apply to Explorers from model years 1991 to 2001. The lawsuit was brought forth by 414,000 Explorer owners in California, Illinois, Texas and Connecticut.

Thousands of deaths and injuries over the last decade have been suffered by occupants of Ford Explorers involved in rollover accidents. We have represented many of the injured and their families. As an example, on Monday, we are scheduled to start a trial against Ford in Los Angeles Superior Court. We are alleging that one of Ford’s poorly designed SUVs rolled over in an accident and the roof crushed in, paralyzing a passenger, Gloria Levesque. Gloria was a Montessori school teacher for 25 years before being catastrophically injured and permanently unemployable as a result of the accident.

So, really, who benefits from this class action lawsuit settlement? Maybe the attorneys, definitely Ford – but what about the consumers? Let’s look a little closer. How does a measly $500 or $300 discount toward another Ford vehicle compensate consumer, punish the manufacturer and prevent unsafe products from entering the American market place?

Pedro Morillas of the California Public Interest Research Group (www.calpirg.org) is quoted in a Sacramento Bee article as saying,” Five hundred million dollars does sound like a lot of money, but Ford may have gotten a better deal than they deserved.”

In some respects I agree with Morillas. If the case had not settled and the plaintiffs won, Ford, according to its lawyers, would be in bankruptcy. It may not have been able to pay the judgment. It that sense Ford may have gotten a better deal than they deserve.

This lawsuit should’ve aimed to make sure that Ford was punished for producing defective vehicles and ensure that no auto manufacturer in the future would dare market an unsafe product to the American public. To take it further, it should been a warning to every manufacturer that pushing any unsafe product into the American market place will not be tolerated and the manufacturer will be held accountable.

Continue reading "Is The Ford Explorer Settlement a Victory for the Consumer or Ford?" »