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" »

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Posted In: Auto & Car Accidents

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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" »

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Posted In: Motorcycle Accidents

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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" »

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Posted In: Dog Bites

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Information/Personal Interest

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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" »

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Posted In: Dog Bites

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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" »

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Posted In: Auto & Car Accidents

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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" »

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Posted In: Personal Injury

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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" »

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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" »

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Posted In: Nursing Home Abuse/Neglect

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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" »

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Posted In: Truck Accidents

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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 .

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Posted In: Auto & Car Accidents

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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" »

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Posted In: Defective Auto Products

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Auto & Car Accidents

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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" »

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Posted In: Defective Auto Products

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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.

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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" »

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Posted In: 15 Passenger Van Accidents

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