December 31, 2010

Woman Killed in Chula Vista Hit-and-Run Car Accident

Authorities have identified a homeless woman who was killed in a hit-and-run car accident in Chula Vista the night of December 25, 2010 as 54-year-old Robin O'Quinn Fortson. 10News reports that the car accident happened on Third Avenue when a white Pontiac sedan driven by a man, later identified as 23-year-old Angel Gutierrez, struck Fortson. She was attempting to cross the street when she was hit. Gutierrez fled the scene, but was apprehended shortly afterward in his home, thanks to eyewitness reports. He faces hit-and-run and vehicular manslaughter charges. An investigation is ongoing.

I offer my deepest sympathies to everyone who knew and loved Robin O'Quinn Fortson for their tragic loss. Please keep them in your thoughts and prayers.

Hit-and-Run Car Accident Statistics and Law

According to the California Highway Patrol's traffic accident statistics, there were 17,158 hit-and-run car accidents that resulted in fatalities or injuries in California in 2008. A majority of these car accidents involved injuries. There were a total of 247 deaths in 2008 involving hit-and-run car accidents statewide. During the same year, 246 fatalities and 13,527 injuries were reported as a result of San Diego County car accidents.

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December 30, 2010

Orange County Boy Killed in Car Accident

Joshua Archila, 11, of Orange, was killed in a Riverside car accident when the Toyota Camry in which he was a passenger, was rear-ended. According to a news report in The Orange County Register, the fatal car accident occurred in the northbound lanes of the15 Freeway in Riverside County. A 2006 Ford F150 crashed into the Toyota the morning of December 28, 2010. Joshua was transported to a nearby hospital where he died. An investigation is ongoing.

My heartfelt condolences go out to the family and friends of Joshua Archila following this tragic car accident. My thoughts and prayers are with them during this difficult time.

Riverside County Accident Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), 121 people were killed and 2,615 were injured due to car accidents in the unincorporated areas of Riverside County. During the same year, there were 220 fatalities and 8,561 injuries reported as a result of Riverside County car accidents.

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December 29, 2010

Orange County Car Accident Proves Fatal for Woman

Elvira Bermudez, 57, was killed in a Westminster car accident after the vehicle she was driving was struck by a pickup truck at a street intersection. According to a news report in The Orange County Register, the fatal car accident occurred at the intersection of Goldenwest Street and Georgetown Avenue the night of December 23, 2010. Bermudez, who was driving a Saturn sedan was northbound on Goldenwest, when a GMC pickup truck making a left turn from Goldenwest to Georgetown hit her vehicle. Police say the pickup hit Bermudez's Saturn head-on. Bermudez died at the scene. Both occupants of the GMC were uninjured. An investigation is ongoing.

I offer my deepest condolences to the family and friends of Elvira Bermudez for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were four fatalities and 467 injuries as a result of Westminster car accidents. During the same year, 152 people died and 13,414 were injured as a result of Orange County car accidents.

What Caused This Car Accident?

Based on this news report, it appears that the driver of the GMC made an unsafe left turn. It is not clear what caused the driver of the pickup to make a sudden left turn across traffic lanes. Was he or she traveling at an unsafe speed or driving recklessly? Were drugs or alcohol involved? Was distracted driving a factor?

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December 29, 2010

Nursing Home Star Ratings Reveal the Truth

As the date mandating the implementation of nursing home star ratings approaches, victims of nursing home neglect and abuse are coming forward more frequently. Those who were afraid to tell of their horrific experiences are now feeling that their voice will be heard, and are attempting to hold their wrong-doers responsible for the pain and suffering they have caused. Instead of the respect and care that American seniors have earned through lifetimes of service they face abuse, neglect, and fraud at the very hands of those tasked with keeping them safe.

Many citizens are shocked by the allegations that arise when seniors reveal instances of elder abuse, but if you are familiar with California nursing homes you know that these problems have existed and transpired for several decades. The nursing home star ratings will help many families choose a nursing home that is fit for their loved ones, but this should be the first of several steps to help protect America's elderly before it's too late.

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December 28, 2010

Two Pedestrians Injured in DUI Collision

Two Pedestrians Injured in DUI Collision

Christine Sanchez and Darlene Delira, both 25, were injured in a Ventura car accident, which police say, was caused by a drunk driver. According to a news report in The Ventura County Star, the injury accident occurred as the pedestrians were walking in a marked crosswalk on Main Street in Ventura early morning on December 24, 2010. The two women were crossing the road when they were struck by a southbound vehicle driven by Brendan Conaty, 26. The two victims were transported to an area hospital with injuries, but have been listed in stable condition. Conaty has been arrested on suspicion of felony DUI.

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December 28, 2010

California Nursing Home Star Ratings

California's nursing home rating system is going public this new year, giving seniors something to cheer about. California being infamous for their disturbingly high instances of senior abuse has made it clear that not only do they require a rating system, but each nursing home's rating must be displayed so that anyone walking through the front door can see it. Although 187 homes achieved the top 5 star rating, 195 received the lowest. Many nursing home officials are upset with the new rating system, which is a small price to pay to answer the public outcry that has arisen over the years.

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December 27, 2010

Seniors Relieved by Nursing Home Star Ratings

A sigh of relief is heard across California as nursing homes are now required to participate in a public nursing home rating system. According to the Los Angeles Times, nursing homes throughout California have begun to post federal star ratings giving prospective seniors and their families a fighting chance at comfortable and safe care. Few can argue that these ratings are not useful, but some are arguing that they are unfair.

Senior Abuse Becomes a Sore Subject

Victims of senior abuse can vouch that this subject is very personal, but nursing home owners and operators have wasted no time to complain about their own injustices in regards to the new rating system. Nursing home officials complain that the scoring system does not accurately reflect a facility's quality.

"It should just be a straight rating in a free-market system where you get stars based on performance," said Mary Jann, director of regulatory affairs for the Sacramento-based California Assn. of Health Facilities, which represents about 800 skilled nursing facilities statewide.

This stance towards the new rating system is pretty ironic. Their stance leads to some obvious questions; shouldn't we be incorporating state public health complaints and citations? If a facility is constantly alleged to be participating in nursing home abuse, the general public has a right to know.

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December 27, 2010

Man in Wheelchair Injured in San Diego Hit-and-Run Car Accident

A man in a motorized wheelchair was seriously injured in a San Diego car accident, which police report, was caused by a hit-and-run driver. According to an article in The San Diego Union-Tribune, the serious injury pedestrian accident occurred near the intersection of Paradise Valley Road and East 8th Street in National City the morning of December 25, 2010. The 57-year-old man was riding along the shoulder of Paradise Valley Road when he was struck from behind by a pickup truck. The 22-year-old driver, Joshua Becerra, left the scene of the accident. The victim sustained severe head injuries. Becerra has been arrested on suspicion of felony hit-and-run.

My thoughts and prayers are with the injured victim of this hit-and-run car accident. I wish him a complete and prompt recovery from his injuries.

San Diego Pedestrian Accident Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), two people were killed and 29 were injured in National City pedestrian accidents. During that same year, there were 63 fatalities and 998 injuries reported involving pedestrian accidents in San Diego County.

What Caused This Serious Pedestrian Accident?

It appears from the report that the driver, Becerra, veered off the roadway and struck the man in the motorized wheelchair, who was traveling on the shoulder of the roadway. Under California law, those operating motorized wheelchairs have the same rights and responsibilities as pedestrians.

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December 26, 2010

Truck Accident in San Bernardino Critically Injures Man

Joseph Navarro, 29, was critically injured in a San Bernardino car accident after his vehicle went under a tractor-trailer. According to a news report in The San Bernardino County Sun, the fatal car accident occurred the night of December 18, 2010 on Slover Avenue near Elm Avenue in Fontana. Navarro was eastbound on Slover in his 2004 Mercedes Benz when he tried to pass a tractor-trailer. Navarro's car swerved to the left and hit the trailer, police said. The vehicle got stuck under the truck. Navarro was transported to a local hospital with critical injuries.

My heart goes out to the family and friends of Joseph Navarro for what they are going through at this time. I wish Navarro the very best for a speedy and complete recovery. Please keep this injured victim and his family in your thoughts and prayers.

Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 14 fatalities and 627 injuries involving car accidents in Fontana. In San Bernardino County as a whole, 263 people died and 8,504 were injured as a result of car accidents during the same year. According to the Federal Motor Carrier Safety Administration's (FMCSA) truck accident statistics, there were 304 fatal truck accidents and 3,196 injury crashes involving trucks, in California, in 2008.

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December 23, 2010

BISNAR | CHASE Gets In the Spirit with the Adopt A Family Program

California personal injury attorneys and staff at BISNAR | CHASE law firm are happy to be participating in the Share Our Selves (SOS) Adopt A Family Program again this year.

The SOS Adopt A Family program, which is in its 41st year of service, combines community members and their willingness to give to help provide food and gifts to Orange County families who are struggling. During these tough economic times when many people are out of work, the program helps impoverished families enjoy a holiday celebration that might be impossible otherwise.

Individual lawyers and staff members of the BISNAR | CHASE law firm have participated in the Adopt A Family program for sixteen years. The tradition developed into an office event where the whole firm comes together to provide gifts for a few local families each holiday season.

"When Christmas rolls around, that means an all-out, present-wrapping-pizza-party at our office for the staff," said Shannon Barker, legal administrator and office manager at BISNAR | CHASE who says the firm's staff members come together, usually a week or two before Christmas, to wrap presents for the families they adopt. "This is something we've been doing for as long as I can remember and it's a tradition we look forward to every year."

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December 23, 2010

Elderly Man Killed in Orange County Car Accident

Frank Terreri, 88, was killed in an Orange County car accident after he lost control of his vehicle and crashed into a tree. According to a news report in The Orange County Register, the fatal car accident occurred on Fairview Road near Fair Drive the night of December 18, 2010. Police say Terreri was northbound on Fairview in a 1986 Oldsmobile Cutlass when he swerved to the left and struck the tree in the median. Police suspect Terreri was not wearing his seatbelt and hit the steering and windshield on impact. An investigation is ongoing.

I offer my deepest condolences to everyone who knew and loved Frank Terreri. Please keep this grieving family in your thoughts and prayers.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were six fatalities and 785 injuries involving car accidents in Costa Mesa. In Orange County as a whole, 152 people died and 13,414 were injured in car accidents during the same year.

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December 22, 2010

Two Killed in Los Angeles Car Accident

A 35-year-old man and a 26-year-old woman were killed in a Los Angeles car accident, which may have been caused by slippery road conditions, the evening of December 19, 2010. According to a report in the Los Angeles Daily News, the fatal car accident occurred on Sierra Highway south of Pearblossom Highway in Palmdale.

The 35-year-old man was travelling in a 1991 Mercedes when he veered out of control and into oncoming traffic. A 1993 Chevrolet pickup T-boned the Mercedes causing fatal injuries to the two adults in the Mercedes and major injuries to a 4-year-old girl who was in the back seat. Erika M. Espitia, 26, and Miguel A. Lugo, 38, the two occupants of the pickup truck also sustained major injuries in the accident.

My deepest condolences go out to the family and friends of the two fatally injured victims of this accident. My thoughts and prayers are also with the injured victims of this tragic car accident. I wish them the very best for a speedy and complete recovery.

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December 22, 2010

Arizona personal injury accident lawyers: Help when you need to recover the damages you suffer in an accident.

The Following article on California Accident & Injury News is a guest post from the Arizona personal injury lawyers at the Zachar Law Firm.

If you, a loved one, or someone you know has been involved in an automobile accident, you need to contact your lawyer to discuss your legal rights. Experienced Arizona personal injury lawyers are knowledgeable in accident claims and can guide you through every aspect of your case, dealing with insurance companies, seeking medical help and counseling, the initiation of legal proceedings, etc.

Automobile accidents may result in minor or no injuries. However, automobile accidents also account for thousands of deaths in the United States every year.

Continue reading "Arizona personal injury accident lawyers: Help when you need to recover the damages you suffer in an accident." »

December 21, 2010

Pro Bono Helps During A Recession

Our country has been going through very tough times during the last few years, but certain pro bono lawyers can make it easier. There has been high unemployment and businesses failing. Families who used to have middle class incomes are now living on the street and frequenting homeless shelters. It is very hard to begin to understand exactly what happened even if you're an economist, but many people have decided that rather than spending time on deciding why they will spend time on helping people who are in tough situations.

Attorneys doing pro bono work have turned their attention to people facing foreclosure of the homes that they have enjoyed for years. When two attorneys in Maine began to help some people with foreclosure issues, they stumbled upon a fraud case against one of the largest mortgage companies in America. By uncovering a "robo-signer", they managed to halt foreclosures in 23 states. A "robo-signer" is person who automatically signs a document without reading the provisions of the document or checking it for accuracy. The law requires certain elements in each mortgage document that make the mortgage a legal and binding. The "robo-signer" for GMAC Mortgage admitted to signing 10,000 mortgages a month. Many of these mortgage documents were not binding or valid, thus the foreclosure was not valid either.

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December 21, 2010

Toddler Killed in Fresno Car Accident

A 3-year-old boy was killed in a Fresno car accident when the Chevy Suburban he was riding in rolled over on the highway. According to a news report in The Fresno Bee, the fatal car accident took place on Highway 180 near Fowler Avenue in southeast Fresno the afternoon of December 19, 2010. When the SUV rolled over, the 3-year-old Sanger boy was ejected from the vehicle and pinned underneath it. It is unclear what lead to the rollover or if the young victim was wearing a seatbelt.

My deepest condolences go out to the family and friends of the boy killed in this tragic car accident. My thoughts and prayers are with them during this difficult time.

Fresno Car Accident Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), 33 people were killed and 1,485 were injured in Fresno car accidents. During the same year, there were 127 fatalities and 3,323 injuries reported as a result of car accidents in Fresno County.

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December 21, 2010

Dangerous Conditions of Public Property Lawsuit Filed Against City of San Clemente

The BISNAR | CHASE California personal injury lawyers have recently filed a lawsuit against the City of San Clemente, the State of California, and the County of Orange for hazardous conditions of public property.

In March of 2010 Miguel Gama Macias from Santa Ana was riding his motorcycle along the Southbound I-5 near the El Camino Real exit in San Clemente. As he began to make a legal stop on the right shoulder of the freeway, he suddenly hit a dangerously steep, unmarked curb. Miguel was thrown from his motorcycle and endured severe, permanent injuries from the collision.

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December 20, 2010

Orange County Pedestrian Struck By Police Car

Orange County Pedestrian Struck By Police Car

A male pedestrian was injured in an Orange County car accident after a police vehicle struck him. According to a news report in The Orange County Register, the injury pedestrian accident occurred at the intersection of Anaheim Boulevard and Broadway in Anaheim the night of December 17, 2010. The man was crossing the street when the Anaheim police vehicle hit him. The male pedestrian sustained injuries in the car accident, but is expected to survive. Police are investigating the cause of the accident.

My thoughts and prayers are with the man injured in this Anaheim pedestrian accident. I wish him a complete and speedy recovery.

Pedestrian Accident Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), one person was killed and 73 were injured in Anaheim pedestrian accidents. During that same year, there were 31 fatalities and 785 injuries reported as a result of pedestrian accidents in Orange County.

What Caused This Injury Car Accident?

Police have not released the details and circumstances of this pedestrian accident. We do know however that the pedestrian was in the intersection and the police vehicle was marked but it did not have its sirens on. Under California law, any driver is required to yield right-of-way to pedestrians who are walking in a marked or unmarked crosswalk.

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December 18, 2010

San Diego Worker Injured after Falling into Trash Trailer

A waste disposal worker in San Diego suffered serious job injuries after he slipped inside a large trash trailer. According to a news report in The San Diego Union-Tribune, the injury accident occurred the morning of December 13, 2010, when the 44-year-old EDCO employee who was walking on a beam inside a large trash trailer fell three feet into trash. He was wearing a safety harness, but the injuries he suffered during the fall caused him to lose feeling in his lower extremities, officials said. The worker was lifted out of the trash trailer by firefighters.

My heart goes out to this worker and his family. I truly hope he has not sustained catastrophic injuries. I wish him the very best for a speedy and complete recovery. Please keep this injured worker and his family in your thoughts and prayers.

California Industrial Accident Statistics

Falls in any type of industrial workplace have the potential to cause death or serious injury. According to the California Department of Occupational Safety and Health (DOSH), there were 301 fatalities as a result of industrial accidents in the state in 2009. Of those, 54 fatalities were the result of falls.

Possible Causes and Compensation Issues

Based on this news report, the worker was wearing a harness. However, it appears that he still fell inside the trash container and sustained injuries. It is not clear if other fall prevention devices should have been in place or whether the worker's harness was defective or had malfunctioned. I trust officials with the Occupational Safety and Health Administration (OSHA) are investigating how and why this job injury occurred.

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December 16, 2010

Does A Child Have a Claim for an Injury?

The Following article on California Accident & Injury News is a guest post from the Virginia personal injury lawyers at Rohrstaff Law Firm.

Sometimes people think that when they are injured by someone else, the only damages they can recover are actual out-of-pocket expenses, such as lost wages and the cost of medical treatment. That’s not so in Virginia, where the law requires that if the injured person proves that someone else caused her injury, she must receive compensation for her entire injury, including the pain she had, the suffering she experienced, the permanent scarring she may have, her inconvenience, aggravation and anguish.

Children who have been wrongfully injured are also entitled to recover for all of those kinds of losses. In fact, where personal injury to children are concerned, those are the most important types of losses, since children do not pay for their own medical expense, nor do they have loss of income from employment.

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December 16, 2010

More Uninsured Drivers on Country's Roads

The Following article on California Accident & Injury News is a guest post from the West Virginia personal injury law firm at Robinette Legal Group.

As the economy stalls and unemployment rates rise, people make adjustments to their budgets and do the best they can to get by. But as a study by the Insurance Research Council (IRC) suggests, many people attempt to save money by cutting costs in the wrong places.

The IRC report estimates that by the end of 2010, one in every six drivers in the United States will be uninsured. In 2007, eight percent of drivers in West Virginia did not carry auto insurance -- that’s one in 12 motorists. New Mexico had the highest rate of uninsured motorists at 29 percent.

Though a variety of factors go into a person’s decision to not purchase insurance, the strongest correlation is the unemployment rate. Nationally, for every one percent rise in unemployment, the rate of uninsured motorists rises by .75 percent.

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December 16, 2010

Bicyclist Killed in Riverside Hit-And-Run Car Accident

A male bicyclist was killed in a Riverside car accident, which police say, was caused by a hit-and-run driver. According to a news report in The Desert Sun, the fatal bicycle accident occurred on Avenue 54 near Madison Street in La Quinta, the afternoon of December 14, 2010. The bicyclist, whom police have only identified as a 55- to 65-year-old man, was riding westbound when a car struck him. He died at the scene. The driver fled the scene, but was arrested later that day and identified as 52-year-old Tracy Salter. Salter faces felony hit-and-run charges.

My deepest condolences go out to the family and friends of the bicyclist killed in this tragic hit-and-run car accident. My thoughts and prayers are with them during this difficult time.

Bicycle Accident Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but six injuries reported in La Quinta as a result of bicycle accidents. In Riverside County as a whole, nine people died and 362 were injured in bicycle accidents during the same year.

Hit-and-Run Drivers

It is not only against the law, but also morally reprehensible to leave the scene of an injury car accident. In this case, the driver fled the scene when the victim was fatally injured and lying on the roadway potentially exposed to further danger. It is not clear why Salter left the scene, but "I panicked" or "I was scared" are not acceptable excuses for hit-and-run in my book. The right thing to do is to take responsibility for one's actions in such situations.

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December 16, 2010

Steps To Take if You Are Injured on the Job

The Following article on California Accident & Injury News is a guest post from the New York personal injury law firm The Perecman Firm, PLLC.

Accidents in New York can occur in many different aspects of life including at the construction site, in an automobile, a medical error in the hospital, or a slip and fall on a premises. When you or a loved one has an accident, you must be informed which steps you can take.

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December 15, 2010

Fatal Fresno Area Motorcycle Accident

Jose Campos, 24, was killed in a Fresno area car accident when his motorcycle crashed into another vehicle at a street intersection. According to a news report in the Tulare Advance-Register, the fatal motorcycle accident occurred at the intersection of Road 156 and Avenue 328 in Tulare County the afternoon of December 12, 2010. Police say the driver of a 1996 Saturn was traveling south on Road 156 when the vehicle was broadsided by the motorcyclist who was eastbound on Avenue 328. Campos was thrown off his motorcycle. He was taken to a Fresno hospital where he died from his injuries.

My deepest condolences go out to the family and friends of Jose Campos. My thoughts and prayers are with them following this tragic motorcycle accident.

Motorcycle Accidents

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), eight people were killed and 61 were injured as a result of motorcycle accidents in the unincorporated areas of Tulare County. During the same year, there were 10 fatalities and 98 injuries reported as a result of motorcycle accidents in Tulare County.

Right-of-Way Issues

It is unclear from this report if the motorist will be cited for the accident. Police say the car driver stopped before pulling into the intersection. Investigators will have to determine if the driver failed to yield right-of-way or failed to see the motorcycle approaching. I trust officials are also looking into whether the driver was impaired, distracted or otherwise negligent at the time.

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December 15, 2010

What is a subrogation lien and do I have to pay it?

The Following blog on California Accident & Injury News is a guest post from the Georgia personal injury law firm Smith, Welch & Brittain, LLP.

One issue that is confusing to most people injured in negligence cases is the issue of subrogation liens. Most health insurance policies contain language that says if you are injured due to the fault of someone else and your health insurance plan pays your medical bills associated with that injury, it has a right to be reimbursed. However, it does not have a claim against any compensation you receive for your noneconomic damages such as pain and suffering. Furthermore, in Georgia, depending on the type of policy, it does not have a claim to the extent you are not made whole for all of your personal injuries in Georgia including pain and suffering.

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December 15, 2010

Why The System is Failing Nursing Home Residents

According to a recent report from the American Association for Justice entitled, "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," nursing home abuse and neglect is increasingly becoming a reality for many of our nation's seniors in nursing homes. There are laws meant to protect senior citizens and regulators assigned to ensure that these laws are being followed, so what is behind this increase in the numbers of seniors experiencing elder abuse or neglect?

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December 14, 2010

DUI Collision Causes Major Injuries

DUI Collision Causes Major Injuries

Several people were injured in a car accident, which police say, was caused by a driver who was under the influence of drugs. According to a news report in The Californian, the car accident occurred on Highway 156 near Castroville the afternoon of December 11, 2010. Police report that Christina Louise Zuniga-Butler, 52, let her Kia Soul swerve into oncoming traffic where it struck a 2005 blue Honda CRV. Both drivers sustained major injuries and two occupants in the Honda SUV sustained minor injuries. Zuniga-Butler has been arrested on suspicion of driving under the influence of drugs.

My thoughts and prayers are with the many injured victims of this Monterey County car accident. I wish everyone injured here the very best for a complete and speedy recovery.

DUI Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), 21 people were killed and 109 were injured as a result of DUI collisions in the unincorporated areas of Monterey County. Countywide, 23 deaths and 180 fatalities were reported involving alcohol-related car accidents during the same year.

Traffic Violations

If this news account is accurate, the driver of the Kia entered into oncoming traffic lanes. Authorities believe that Zuniga-Butler was under the influence of drugs, which may have caused her to lose control of the vehicle. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

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December 14, 2010

Seniors Vulnerable to Medical Errors in Nursing Homes

Did you realize that preventable medical errors are number six on the top ten major causes of death for people in America. According to a recent report by the American Association for Justice's recent report entitled "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," hundreds of thousands of Americans, including the elderly living in nursing homes, are killed or seriously injured by preventable medical errors every year.

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December 13, 2010

Police Pursuit Ends in Los Angeles Car Accident

Police Pursuit Ends in Los Angeles Car Accident

Eight people were injured in a Los Angeles car accident, which officials say, was caused by a suspected DUI driver involved in a police pursuit. According to an ABC news report, the pursuit resulted in a three-vehicle accident on Nordhoff Street in Northridge the night of December 10, 2010. Police in Malibu had earlier tried to stop a driver they believed to be under the influence of drugs when he sped off. This initiated the police pursuit that ended when the suspect's vehicle crashed into two other vehicles. The suspected DUI driver suffered critical injuries, while two victims in a Mercedes sustained serious back and neck injuries, and five others suffered relatively minor injuries.

My thoughts and prayers are with the many injured victims of this Los Angeles car accident. I wish them all a complete and speedy recovery from their injuries.

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December 13, 2010

Haverhill Woman Killed by Drunk Driver in Andover

Robert V. Bryant was arraigned today in Lawrence District Court following a fatal drunk driving accident in Andover, Massachusetts on Sunday.

Bryant, 50, of Bradford, MA allegedly struck an unidentified 30-year-old Haverhill woman, with his truck in the Massachusetts State Police barracks parking lot in Andover. The woman suffered fatal injury and died at a Boston hospital on Sunday night.

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December 13, 2010

Abuse of the Elderly in Nursing Homes

Do you have a loved one in a nursing home? If so, do you know who is taking care of your beloved grandparent, parent, aunt, uncle, or friend? Unfortunately, it is entirely possible that the person watching your loved one may have a criminal record. According to a recent report from the American Association for Justice, entitled "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," many nursing homes fail to properly check the criminal records of its staff, or they run checks and ignore the results. This negligent hiring of employees with criminal records has devastating consequences often leading to nursing home abuse for seniors.

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December 12, 2010

Three Hurt in Los Angeles School Bus Accident

Three people were hurt in a Los Angeles car accident involving a school bus and another vehicle, which officials say, was caused by a suspected drunk driver. According to a news report in the Los Angeles Times, the injury accident occurred at the intersection of East 166th Street and Clarkdale Avenue in Norwalk the afternoon of December 6, 2010 when a pickup truck collided with the school bus. Two high school students in the bus suffered non-life-threatening injuries. The driver of the pickup truck, identified as 30-year-old Ramon Garcia, is suspected of driving under the influence. He was transported to a local hospital with unknown injuries. An investigation is ongoing.

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December 11, 2010

New Study Links Drug Use with Fatal Car Accidents

A new government report, the first one of its kind, shows that drug use is up among drivers who are involved in fatal DUI collisions. According to an article in Consumer Reports, the National Highway Safety Administration (NHTSA) has found that one in five fatally injured drivers tested in 2009 were under the influence of legal and illegal drugs. Among those tested, fatally injured drivers using drugs rose from 13 percent to 18 percent.

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December 10, 2010

Los Angeles Car Accident Injures 12-year-old Girl

 Los Angeles Car Accident Injures 12-year-old Girl

A 12-year-old girl sustained injuries in a Los Angeles car accident when a car struck her in front of her school. According to an article in The Glendale News-Press, the injury pedestrian accident occurred on Monterey Road in Glendale the morning of December 6, 2010. Officials say the girl was struck by a car moments after getting dropped off at school. She suffered injuries, which were not life-threatening. The young victim was in a crosswalk at the time of the car accident.

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December 10, 2010

Insurance Companies Scamming Seniors

People invest in life, long-term care, and other types of insurance thinking it will protect them when they need it. The last thing they expect is that they will need protection from the insurance companies themselves. In the recent American Association for Justice's report entitled "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," it appears that people, especially senior citizens in nursing homes, are often the victims of senior fraud perpetrated by large insurance companies.

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December 9, 2010

Los Angeles Car Accident Injures Baby in Stroller

A baby in a stroller sustained injuries in a Los Angeles car accident after the stroller was struck by a vehicle at a street intersection. According to a news report in the Glendale News-Press, the injury pedestrian accident occurred at the intersection of East Jackson and Harvard streets in Glendale the morning of December 7, 2010, when a driver heading south on Jackson made a left on Harvard and hit the stroller that was being pushed by the mother . The stroller tipped over with the baby still inside, but thankfully, the child did not appear to have suffered any major injuries. The baby was transported to a local hospital as a precaution. An investigation is ongoing.

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December 9, 2010

Hunting Accidents – Know your Legal Rights

With hunting season upon us, it is important for hunters to understand their legal rights in the event of an accident. Millions of hunters enter the woods each year with the primary concern of bringing home the biggest buck. What they don’t realize is that they too are in danger. Hundreds of hunting accidents occur every year, and many of these accidents go unreported. These accidents go unreported because people are unaware of their rights.

In this article we will discuss types of accidents that can occur and the hunter’s legal rights in the event of an accident.

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December 9, 2010

Bed Rails Causing Injury and Death Among Nation's Elderly

What if a mechanism put on the side of your loved one's sick bed, presumably to protect them, ends up seriously injuring or killing them? Unfortunately, this is what happened to 63-year old Alzheimer patient, Billie Trew due to nursing home neglect. She was strangled to death by the restraints on her bed while sleeping. Her family brought the nursing home and the bed manufacturer to court, and discovered that at least 20 other patients had died and over 60 had been injured by similar bed rails!

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December 8, 2010

Police Officer Injured in Fresno Area Car Accident

Police officer Richard Carrillo was injured in a Fresno area car accidentafter a driver turned in front of his motorcycle. According to a news report in The Fresno Bee, the injury motorcycle accident occurred at Pioneer Avenue and Lowery Street in Porterville the afternoon of December 5, 2010. Carrillo was travelling eastbound on Pioneer Avenue when 22-year-old Vanessa Diane Trevino turned her car ahead of the motorcycle. The police officer sustained injuries, which are not believed to be life-threatening. The accident is under investigation.

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December 8, 2010

Neglect of the Elderly in Nursing Homes is On the Rise

What do you expect when you put a loved one in a nursing home? Do you expect loving, respectful care or do you expect that your loved one will suffer from elder neglect in the forms of malnutrition, dehydration, pressure sores from being left in bed, or worse? According to a recent report from the American Association for Justice, entitled "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," it's the latter that is far too often the case for our nation's seniors in nursing homes.

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December 7, 2010

Eight Injured in Los Angeles Train Accident

Eight people were injured, two critically, in a Los Angeles car accident after a Metro Blue Line train collided with a minivan that was stalled in the train tracks. According to an ABC news report, the minivan versus train accident occurred at the intersection of East 41st Street and Long Beach Avenue the night of December 2, 2010 in South Los Angeles. The two occupants of the stalled minivan were able to get out of the way before the train struck their vehicle. The eight injured train passengers were taken to area hospitals. The driver of the minivan has been arrested on suspicion of felony DUI.

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December 7, 2010

Insurance Fraud Tricks Seniors in Nursing Homes

Rudy was born and raised on a farm in South Dakota. For over 80 years, Rudy lived and worked on that farm. He got married and raised three children there. His children eventually grew up and moved away. After 63 years of marriage, Rudy's wife Lucille passed away. Rudy lived alone on the farm for a while, but his doctor eventually told him that he should move into a nursing home.

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December 6, 2010

Los Angeles Hit-and-Run Car Accident Injures Four

Los Angeles Hit-and-Run Car Accident Injures Four

Four people, including a baby, were injured in a Los Angeles car accident, which officials say, involved six vehicles and one hit-and-run driver. According to a news report in The San Gabriel Valley Tribune, the injury car accident occurred the afternoon of December 5, 2010 on the eastbound 10 Freeway near Francisquito Avenue in Baldwin Park.

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December 6, 2010

Forced Arbitration Clauses in Nursing Home Contracts

Do you ever read all the fine print in the long consumer contracts you receive? If so, you've probably noticed a "mandatory arbitration" clause buried deep inside the contract. Most consumer contracts now have them -- even contacts for nursing homes. By entering in a nursing facility, seniors or their families often have to agree that even if the nursing home harms, neglects, or abuses the senior in its care, the senior has no right to go to court to protest. It means the senior has no right to a judge, a jury, or a right of appeal. Also, the arbitrators do not have to follow the law, and there is no public review of the arbitrator's decisions to make sure that he got it right. Additionally, forced arbitrations are often more expensive than taking a case to court.

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December 5, 2010

Santa Ana Hit-and-Run Pedestrian Accident Causes Serious Injuries

A hit-and-run car accident in Santa Ana seriously injured a pedestrian, The Orange County Register reports. Officials say the pedestrian accident happened on Euclid Street the evening of November 29, when the pedestrian was struck by a white sedan. The man was severely injured and transported to an area hospital for treatment. The car did not stop and was last seen passing 17th Street. An investigation is ongoing.

I'm relieved to hear that this pedestrian accident victim did not suffer life-threatening injuries. I pray that he recovers quickly and completely from the injuries he has suffered.

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December 4, 2010

Pedestrian Accident in Santa Ana Causes Injuries

A pedestrian accident in Santa Ana resulted in critical injuries for a man who was struck by a van the night of November 28, 2010. The Orange County Register reports that the pedestrian was crossing the street near the intersection of Harbor Boulevard and Hazard Avenue when he was hit by a van that was traveling south on Harbor. No arrests have been made pending an official investigation.

I hope this pedestrian has not sustained catastrophic injuries. I sincerely hope and pray that he recovers quickly and completely from his injuries.

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December 3, 2010

Hit-and-Run Car Accident in Los Angeles Kills Elderly Man

Gabriel Barragan Abundio, 86, was killed in a hit-and-run car accident in Duarte after he was struck while crossing a residential street. According to a report in The Pasadena Star-News, the elderly man was walking across the 18000 block of Buena Vista Road near Duarte Road the evening of December 1, 2010 when he was hit by a car. The driver of the car fled the scene without stopping. Abundio sustained fatal head injuries. Anyone with information is asked to contact the Los Angeles Sheriff's Temple Station at 626-285-7171.

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December 3, 2010

Chemical Restraints to Control Seniors in Nursing Homes

If you put your beloved parent, grandparent, aunt, or uncle into a nursing home, how would you feel if you found out that the nurses and doctors at the home tied them up to a bed or wheel chair? How outraged would you be if you knew that the people you're paying to look after the well-being of your loved one were physically restraining them just so they would be "less of a bother?" According to a recent report from the American Association for Justice entitled, "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," it turns out that what is happening in nursing homes with increasing frequency is not that far off. Instead of using ropes and chains though, nursing homes are using chemical restraints on seniors -- psychotropic drugs that sedate or control behaviors.

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December 2, 2010

Jackie Autry Involved in Fatal Pedestrian Accident in Palm Springs

Jackie Autry, widow of the original Anaheim Angels owner Gene Autry, was involved in a fatal pedestrian accident after she struck and killed Jesus Cardova Diaz, 50, on a Palm Springs roadway. According a news report in The Orange County Register, the fatal pedestrian accident occurred the evening of November 25, 2010 on Sunrise Way near Ramon Road in Palm Springs. Based on preliminary investigations, police have determined that Diaz was not walking in a marked crosswalk and that Autry was not speeding in the 35-mph zone. Autry said she did not see the homeless man who was crossing the street with a group of homeless people. An investigation is ongoing.

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December 2, 2010

Report Reveals Serious Issues Affecting Seniors Today

In the not too distant past, most nursing homes in this country were family-run affairs. The people running the nursing home lived and worked in the community, and the homes were places where seniors and their families could count on compassionate care. Nursing home neglect and abuse were unthinkable. According to a recent report by the American Association for Justice entitled, "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," this situation is changing drastically and senior abuse is on the rise. One of the main reasons is that an ever increasing number of America's nursing homes are being run by corporations who are often more interested in profits than people. The result is that the corporations cut staffs, services, and standards of care to save some money.

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December 2, 2010

NTSB Recommends All States Mandate Motorcycle Helmets

The following is a guest blog from the law offices Robert N. Katz in Atlanta, Georgia.

The National Transportation Safety Board has called on all states to mandate motorcycle helmets to reduce the numbers of deaths in motorcycle accidents every year. The federal agency made the recommendation as part of its annual "Most Wanted List of Transportation Safety." The list outlines a series of recommendations that the federal agency directs to states across the country. This year, the board seems to have focused on motorcycle helmet recommendations in place of recreational boating safety.

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December 1, 2010

Woman Killed in Los Angeles Car Accident

Martha Pena, 52, was killed in a Los Angeles car accident when a vehicle crashed into a restaurant where she was eating. According to a news report in the Los Angeles Times, the fatal car accident occurred at Troy’s Burgers at York Boulevard and Armadale Avenue in Highland Park the evening of November 27, 2010. Pena was inside the restaurant with her family when the car crashed into the building. According to a witness, the car struck Pena throwing her about 20 feet. Pena’s 20-year-old son, who was also hit, has been listed in critical condition and two others suffered minor injuries. The driver, a 19-year-old man, passed a field sobriety test. But officials say he could still be cited or charged.

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