California Injury Blog

Julio Alas, 42 of Norwalk was killed and his passenger, 40-year-old Salvador Pena of Los Angeles, suffered serious injuries in a fiery big-rig rollover accident on the 60 Freeway in the City of Industry on July 4th according to the Pasadena Star News. The fatal truck accident occurred east of Fairway Drive, according to California Highway Patrol Officer D. Hogge.

Alas was driving his big-rig in the No. 3 lane when a 1991 Toyota pickup truck driven by 47-year-old May Figueroa of La Puenta suddenly made an unsafe turning movement directly into the path of Alas’ big-rig. While Figueroa and her passenger, Antoinette Monroy, 49, of La Puente, only suffered minor injuries, the big rig caught on fire. Figueroa is being held in lieu of $100,000 bail although it is not clear on what charges she is being held.

My condolences go to the family and friends of Mr. Alas. It appears that the truck accident was not his fault and that he was simply at the wrong place at the wrong time. His family and Salvador Pena have substantial workers’ compensation rights as well as “third party” rights against the driver of the Toyota, assuming that Figueroa is responsible for this accident.

Continue reading "City of Industry Big Rig Accident Kills Man" »

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Posted In: Truck Accidents

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People are not the only ones suffering serious dog bites and attacks these days. DogsBite.org, a dog attack victim’s support group has released a report titled Dog Attacks on Livestock and Horses January - May 2008. The report is very timely and highlights a less discussed aspect of our nation’s growing dog bite problem – the damage caused by dog attacks on livestock and horses.

Roaming dogs can cause extensive losses to livestock owner. But, according to the report it is specific breeds of dogs - the “fighting” pure or combination bred American pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, bull terrier, that present the biggest danger to livestock. The qualities of tenacity and refusal to back down coupled with natural aggression and physical strength of these breeds inflicts a significant toll on livestock, according to the article.

Livestock are often caught in their enclosures during attacks and a single pit bull type dog becomes as dangerous as a pack because it will eventually attack every member of an entire herd, including larger animals. The cost to the livestock owners can be devastating.

Continue reading "New National Report About Dog Attacks On Livestock " »

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Posted In: Dog Bites

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Recreational All Terrain Vehicles (ATVs) have always been a problem for safety advocates who have now called for a new set of ATV standards including a ban of three-wheeled ATVs. These advocates have also long battled manufacturers and their associations to ban the sales of adult-size ATVs for use by children.

A study on ATV-related deaths and injuries released this February by the Consumer Product Safety Commission (CPSC) reports on the available 2006 data. There were 555 fatalities and over 146,000 injuries in 2006 compared to 666 fatalities and over 136,000 injuries for the previous year. Further, these numbers for children younger than 16 were 111 fatalities and 39,000 injuries for 2006 while for 2005 there were 145 fatalities and 40,000 injuries. The trend of marginally lower death rates and increasing injuries seem to apply for the years since 2000.

Better equipment including helmets and protective gear, better understanding of proper riding methods and usage and effective consumer safety campaigns have apparently played a part in lowering the number of deaths. It appears that the increasing number of ATV Accident injuries is due to growing ATV usage and their availability.

Continue reading "All Terrain Vehicle Safety Concerns" »

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Posted In: ATV Accidents

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17-year-old Kevin Tran died in an Anaheim motorcycle crash after being hit by a car at Orange Avenue close to West Anaheim Hospital and Beach Boulevard, according to a recent article in The Orange County Register.

Anaheim police Sgt. Rick Martinez said Tran was wearing his helmet and riding east on Beach Boulevard when he was hit by a white Toyota Yaris sedan making a left at a signal just in front of Tran. The driver of the Yaris, a Reseda resident was reportedly driving west on Orange Avenue when he made the turn to enter a medical facility and hit Tran’s 2004 Suzuki motorcycle. The impact threw Tran a distance of 75 feet and he died later at UCI Medical Center in Orange.

I’m deeply sorry for the loss suffered by Tran’s family in this motorcycle accident – so tragic and with the young man’s entire life ahead of him.

While auto accident fatalities have been reduced in the recent years, motorcycle accident fatalities have risen, with their rates almost doubling. The National Highway Transportation Safety Administration (NHTSA) has described the growing trend of motorcycle accidents as the nation’s greatest highway safety challenge.

In 2006 there were 26 motorcycle fatalities and 730 reported injuries from motorcycle accidents in Anaheim. The age group 15 to 24-years-of-age suffered the highest number of motorcyclists killed or injured over any other age group. Statistics according to the California Statewide Integrated Traffic Records System (SWITRS) (http://www.chp.ca.gov/switrs/pdf/2006-sec7.pdf)

Continue reading "Anaheim Motorcycle Accident Claims Teen's Life" »

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Posted In: Motorcycle Accidents

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A 15-month-old baby girl in Santa Ana miraculously escaped with leg injuries after falling from a third-story window after a screen on the window gave way, The Orange County Register reports. The baby’s name was not released.

The baby was asleep next to her father, by an open window in an apartment in the 500 block of East Sixth Street in Santa Ana. Santa Ana police Cpl. Jose Gonzalez said the accident occurred, when the baby woke up and made her way to the open window and her weight caused the screen to collapse. She fell down three floors and landed unconscious on the cement floor below.

I’m extremely relieved and happy that the child survived this catastrophic fall. With warmer weather approaching, danger from window fall injuries increase. Many of us tend to keep our windows open during these hot summer days.

Continue reading "Orange County Baby Falls Three Stories, Survives" »

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Posted In: Personal Injury

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Two people were killed in a fifteen passenger van accident in Medina County, southwest of San Antonio yesterday, according to an Examiner.com news article. 13 others were reportedly injured in the accident.

Two Fort Worth area residents, 55-year-old Edilberto Aguilar and a 15-year-old boy Jose Sanchez were killed in the 15-passenger van crash, said Lt. Steven Tellez; a spokesman for the San Antonio based Texas Department of Public Safety (DPS). The van was southbound on Interstate-35, carrying a full complement of 15 people, when the right rear tire blew out. Francisco Castro, the driver lost control and the van hit the interstate’s median, rolled over and came to a stop.

Once that tire blew, the driver, Francisco Castro, had no chance of controlling this van. The 15 passenger van rollover accident was not his fault. It was the van manufacturers and possibly the tire makers fault.

The 13 people injured in this fifteen passenger van accident were taken to San Antonio's University Hospital. Dora Quiroga speaking for the Hospital said their condition ranged from stable to critical.

Of the thousands of traffic accident cases we have handled, the fifteen passenger van cases have been the most catastrophic and heart braking. These vans should have never been built without dual rear wheels. Commercial drivers’ licenses should be required to drive these vans because they are so unstable and dangerous.

My heart goes out to the families of those injured and I offer my deepest condolences for their loss. And I am mad as #$**. This was a needless loss of life and needless injuries that I attribute to corporate profits over public safety.

Continue reading "15-Passenger Van Rollover Accident On I-35 Kills 2 People" »

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Posted In: 15 Passenger Van Accidents

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At the Ben Glass conference for lawyers this weekend I met and got to know personal injury attorney Chris Davis, his wife, son and parents. I have known of Chris Davis and his law firm but never actually met him. To say I was impressed is an understatement. Davis is truly a "super lawyer" and more importantly, a "super guy, husband and dad".

When we need to work with an out of state law firm to pursue an out of California cause or when someone needs a referral to an out of state attorney, I am very particular with whom I associate or refer someone to. Very particular!

After spending some time with Chris Davis and getting to know him personally, he has been moved to the top of my referral list for the state of Washington for all personal injury matters including car accidents, boating accidents, traumatic brain injuries, spinal cord injuries and anything else involving a serious or fatal injury due to an accident. He has been moved to the top of our list for Washington State insurance bad faith, medical malpractice and dog attack claims as well.

Continue reading "Seattle's Best Personal Injury Attorney - Chris Davis" »

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Posted In: Information/Personal Interest

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The implementation of laws to protect seniors and dependent adults from abuse by court-appointed conservators are under threat of being delayed yet another year. Conservators control the care and finances of adults, usually the elderly, whom probate courts deem to be incapable of caring for themselves or managing their own finances.

In response to the discovery of theft, elder abuse and negligence by some court appointed professional conservators in the handling of the affairs of seniors and dependant adults, Gov. Schwarzenegger signed a sweeping reform package in 2006 designed to improve supervision of the conservators by the courts that appoint them.

The California Senate's Budget and Fiscal Review Committee has recommended holding back on funding the conservatorship reform program for another year, dealing another blow to the State’s aged and disabled. An article in The L.A.Times reports this measure is a part of the State's courts $246 million budget cuts and is now being considered for the final budget draft.

Continue reading "Protection For Seniors Hampered By New Budget Cuts" »

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Posted In: Nursing Home Abuse/Neglect

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A 20-year-old Huntington Beach college student accused of being under the influence of drugs and texting when he struck and killed 14-year-old Danny Oates has plead not guilty. Jeffrey Woods has been charged with vehicular manslaughter while intoxicated and driving under the influence, according to a news article in The Orange County Register.

Woods was reportedly texting and negotiating a drug deal Aug. 29, when he crashed his pickup truck into Danny at the intersection of Indianapolis and Everglades Lane, an intersection considered to be unsafe by many long-time residents in the neighborhood. Danny was on his bicycle riding to his school. Our firm is representing Danny’s parents in a civil case against those responsible for Danny’s death.

On July 1, a new California law will go into effect banning hand-held cell phone use for adults and banning all cell-phone and texting for teen drivers. However, this new law does not prohibit adults from texting. There is no question that texting should have been part of the ban and Woods’ negligent behavior shows us why texting should have been included in the text of the new law.

Continue reading "Texting Huntington Beach DUI Driver Pleads Not Guilty" »

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Posted In: Wrongful Death

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Daniel Pearson, of Mission Viejo died when his car drifted off the Interstate 405 at Fairview Road in Costa Mesa and crashed into a guardrail and pole, according to an article in the Daily Pilot.

California Highway Patrol Officer Denise Quesada said that neither alcohol nor other vehicles were involved in this Costa Mesa auto accident. Pearson, 31 years old, was alone in a Toyota Land Cruiser, reportedly doing 65 mph. and had tried to exit the freeway when the accident happened. Pearson did not appear to have slowed down or attempted to avoid the guardrail, officials said.

My deepest condolences are with Pearson’s family. What a tragedy. And without an explanation as to what happened or why.

Yes, it is possible that Pearson fell asleep at the wheel and lost control. But, an expert investigator will want to rule out all other explanations for this car crash before forming an opinion. Was there any debris or another dangerous condition on the road that Pearson had tried to avoid? Was the car in a good mechanical and operational condition or did it have a mechanical failure of some type? Were there any problems with the brakes? A complete analysis and reconstruction of the accident is required in order to truly know what happened.

Continue reading "Mystery Fatal Car Crash on I-405 Freeway In Costa Mesa" »

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Posted In: Auto & Car Accidents

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Jason Taylor, a Laguna Niguel resident, watched as Beach Cities Towing Services Inc. towed his truck and car, illegally, from his Laguna Niguel condominium complex on Sept. 2, 2007. In return, Taylor set an example for us all by standing up to the towing company’s exploitative practices.

In taking Taylor’s vehicles away, the towing company, Beach Cities Towing, violated many requirements of the California Vehicle Code, Section 22658 and charged him an exorbitant amount of $560 for eventually releasing the cars.

Taylor took Beach Cities to small claims court and won. He was awarded his $560 back. But, Beach Cities continued to bully Taylor by appealing the case and being granted a new trial, a new trial where Beach Cities could bring an attorney.

Not to be out gunned, Taylor sought help from…..you guessed it, Bisnar Chase. When I read Taylor’s request for guidance with his case, I just couldn’t let him go it alone. So rather than give him the advice he sought, I assigned one of our attorneys, Eric Hansen to actually represent Taylor at the new trial, pro bono.

Continue reading "Orange County Towing Company Stung For Illegal Tow" »

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Posted In: Predatory Towing

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Sheri Moody, the 54-year-old Orange County woman whose pit-bull bit and seriously injured a mailman, will face the lesser charge of a misdemeanor instead of a felony in the Westminster dog bite case, The Orange County Register reports .

David Carroll, a longtime mail carrier was mauled in September 2007 by Moody’s pit-bull, Maggie who had gotten out of Moody's home in a Westminster neighborhood. In spite of his efforts to fight off the pit-bull, David, who is our client, suffered horrific bites, bruises and cuts on his face that needed numerous stitches. Deputy District Attorney Raymund Diaz filed a felony charge against Moody for allowing Maggie to cause serious injury.

Orange County Superior Court Judge John Nho Trong recently lowered the charges saying he was not satisfied with the evidence in the case and that the Westminster Animal Control should have cited Moody more often. Moody now faces only a year in jail.

Under California Civil Code section 3342 a dog owner is strictly liable for injuries inflicted by his dog upon a person, even if the owner was not negligent and the dog had never bitten anyone before, as long as the person who was bitten had the legal right to be where he was attacked.

There is evidence that Moody had more than one dog that had behaved dangerously and that the Westminster Animal Control knew this. Had Animal Control followed by the procedures established by the “vicious dog statute,” Maggie might not have been able to attack Carroll, and he would not have suffered the crippling injuries which continue to plague him.

Continue reading "Westminster Vicious Dog Attack Update" »

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Posted In: Dog Bites

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Farzad Etesamifar, 25, of Reseda and 23-year-old Sepehr Keshavarz of Iran were killed in an Encino traffic accident at the intersection of Ventura Boulevard and Densmore Avenue, according to a recent article in the Los Angeles Daily News.

Sean Mishlof, a 24-year-old man from Northridge was driving a Mercury Mystique and hit the two men while they were stopped at a red light in their Nissan Sentra. Mishlof has been arrested on suspicion of driving under the influence of alcohol and has been charged with DUI and murder.

My heartfelt condolences are with the families of Mr. Etesamifar and Mr. Keshavarz - so young and with so many years ahead of them. The Los Angeles police are good at getting to the bottom of fatality auto accidents. I trust that if Mishlof was driving while intoxicated and caused this accident, he'll be doing some serious jail time.

Mishlof doing jail time will not bring back the lost lives or compensate the families for their losses. No amount of money can compensate for the loss of a life. If Etesamifar or Keshavarz had children, spouses or parents that they supported, their families would be well within their rights to seek financial compensation from Mishlof for the losses. Their heirs have substantial rights to compensation, even if they were not being supported.

Continue reading "Encino Rear-End Car Crash Kills Two" »

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Posted In: Auto & Car Accidents

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Lisbet Linares de Villela, a 42-year–old woman was killed and five people were injured in a Canoga Park car crash at 7919 De Soto Ave, according to a recent CBS report.

Brian Humphrey of the Los Angeles Fire Department said the accident happened near Strathern Street and involved Villela’s car, an SUV and a minivan. Villela apparently collided head-on with one of the other two vehicles. The crash left an 11-year-old girl in the car with non-life-threatening injuries. A 65-year-old driver of one of the other vehicles was taken to the West Hills Hospital & Medical Center and three other people from the third vehicle suffered minor injuries.

My condolences are with the injured and especially to the family of Linares de Villela.

Continue reading "Canoga Park Multiple Auto Accident" »

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Posted In: Auto & Car Accidents

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A Costa Mesa car accident that began with a car spinning out of control on Harbor Boulevard and ending up on Merrimac Way near Adams Avenue and Fair Drive recently injured five people, according to an article in The Orange County Register.

Garden Grove resident Tomas Narciso Torres, a 26-year-old man and four other male passengers were speeding northbound on Harbor Boulevard in a Dodge Neon sedan, when they decided to change lanes to pass a slower vehicle and then lost control. Police said Torres had overcorrected the steering making the car veer across the traffic lanes, hitting a tree and a parked SUV before landing on its roof. The auto wreck injured only the Neon’s five occupants, all in their 20s. Their wounds ranged from minor to major. Torres who has a prior DUI conviction was later arrested on suspicion of felony DUI.

I deeply sympathize with the injured young men and am saddened by their unnecessary suffering. I wish them a speedy recovery.

Continue reading "Costa Mesa Rollover Car Crash Injures Five" »

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Posted In: Auto & Car Accidents

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Michelle Kermani, a 20-year-old woman from Newport Beach, was injured in a DUI rear end car crash reportedly caused by 41-year-old Jean Bower, principal of Westwood Basics Plus Elementary School in Irvine, according to a recent MSNBC news report.

Officials suspect Bower was driving under the influence of alcohol and crashed her Lexus IS200 into Kermani’s Hyundai Tiburon on Jamboree Road in Irvine near the intersection of San Joaquin Hills Road and Eastbluff Drive. Phillip Okura, 21, a Newport Beach resident, was Kermani’s only passenger. Newport Beach Police spokesman Evan Sailor said Bower was arrested after field sobriety tests. Kermani had reportedly complained of neck pain.

In California, it is illegal to drive with a blood alcohol level of .08 or more. If it is determined that Ms. Bower was driving under the influence of alcohol, she will face criminal DUI charges.

Continue reading "School Principal Arrested In Irvine Auto Accident" »

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Posted In: Auto & Car Accidents

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A two-vehicle collision in Palm Springs at the intersection of Ramon Road and El Placer, near Palm Springs International Airport has injured four of its occupants, according to a recent report in the Press-Enterprise.

The crash involved a BMW and a pickup truck at the intersection leaving the truck wrapped around a traffic signal. Police Sgt, John Fallon said the driver of the BMW that was also badly damaged, fled on foot after the accident. The injuries in this car accident ranged from moderate to major and the injured have been taken to the Desert Regional Medical Center, according to Battalion Chief Austin Smith of the Palm Springs Fire Department. It is not clear what caused the accident, but officials are still investigating the case.

I trust the Palm Springs police will identify BMW’s driver and learn more about the cause of this car crash. I would venture to guess that the BMW driver will be held responsible for the accident and charged with “hit and run” for leaving the scene of an auto accident.

Continue reading "Palm Springs Auto Accident Injures Four" »

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Posted In: Auto & Car Accidents

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A motorcyclist has died from a Friday afternoon motorcycle accident on Highway 58 at S. Union Avenue, Bakersfield that was caused by scrap metal debris on the highway.

The California Highway Patrol said a big rig hauling scrap iron was heading west on Highway 58, when pieces of metal started falling off the truck. The motorcyclist behind the big rig, according to the CHP, swerved to avoid the debris, lost control of his motorcycle and was run over by the big rig. (I don’t see how this sequence is possible, but that is what was reported).

The big rig did not stop at the scene and the CHP is looking for the truck and driver. This is all according to a report by KGET TV 17 Bakersfield on their website. Anyone having information on this accident or the identify of the truck or driver involved is asked to contact the California Highway Patrol.

More than 25,000 traffic accidents a year are caused by debris dumped or falling from vehicles in North America according to a 2004 report on vehicle-related debris by the AAA Foundation for Traffic Safety. The California State Transportation Department (CalTrans) estimates that 140,000 cubic yards of debris winds up on California’s roadways each year. Highway debris has caused 155 California traffic accident fatalities in the last two years.

Continue reading "Motorcyclist Dies In Big Rig Accident Caused By Highway Debris" »

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Posted In: Motorcycle Accidents

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A Catalina Island helicopter crash has claimed the life of Emeric Maillet, a 33-year-old pilot and two passengers while seriously injuring the remaining three passengers. According to a recent KTLA news report, the Eurocopter AS-350, operated by Island Express, went down
near the Banning House lodge at Two Harbors.

Tania Hurd, a culinary arts teacher at John Burroughs High School in Burbank was believed to be one of two passengers killed. The other victim is said to be a male employee of Island Express. Officials are using dental records to help establish the identities of the victims

This is truly a horrible tragedy and I offer my condolences to the families of the victims.

Continue reading "Defective Engine Suspected In Catalina Aviation Accident" »

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Posted In: Aviation Accidents

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Crystal Gail Bowerman, a 29-year-old San Jose woman allegedly caused an auto collision that critically injured a 76-year-old woman, according to an article in The Mercury News.

The San Jose pedestrian accident happened as Bowerman, who was in a white Ford Explorer eastbound on the Capitol Expressway, ran a red light at the Silver Creek Road and Capitol Expressway intersection and hit another sport-utility vehicle (SUV), which had the green light. The impact sent the SUV that had the right-of-way crashing into the woman on the crosswalk. Jermaine Thomas, a police spokesman said the injured woman, who was not identified in the report, remains in a serious condition at a nearby hospital. Bowerman has been arrested on suspicion of assault with a deadly weapon.

Continue reading "San Jose Pedestrian Accident Injures Woman" »