California Injury Blog

Published on: April 8, 2009

San Diego Motorcycle Accident

By Brian Chase

Fatal San Diego Motorcycle Accident

Kenneth Charles Sully, a 58-year-old Pacific Beach man, was killed in a San Diego motorcycle accident the morning of April 6, 2009, according to reports in the San Diego Union-Tribune and the San Diego County Medical Examiner’s Web site. Sully was riding his 2009 Ducati motorcycle northbound on Pacific Highway when the driver of a 2006 Toyota Corolla going south on Pacific Coast Highway made a left turn at Cedar Street in front of the motorcyclist. Sully sustained severe motorcycle head injuries although he was wearing a helmet. He was pronounced dead at the scene. The woman driver of the Corolla was uninjured.

I offer my deepest sympathies to the family and friends of Kenneth Charles Sully for their terrible loss. Please keep them in your prayers.

According to California Highway Patrol’s 2007 traffic accident statistics, there were 12 motorcycle accident fatalities and 293 injuries involving motorcycle accidents in San Diego. In San Diego County as a whole, there were 50 deaths and 985 injuries involving motorcycle accident during the same period.

In this case, based on the newspaper report, it appears that Sully had the right of way and the driver of the Toyota Corolla did not. It seems to me that she was at fault here and should be held liable for the accident and resulting injuries and damages. I would be interested to find out how she missed Sully although this is an extremely common occurrence. A number of people who drive passenger vehicles don’t look for motorcycles at intersections.
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Published on: April 7, 2009

San Diego County DUI Pedestrian Accident

By Brian Chase

San Diego County DUI Pedestrian Accident Injuries Boy

A 7-year-old boy suffered a broken leg in a pedestrian versus car accident after a suspected San Diego drunk driver struck him the evening of April 4, 2009, 10news reports. Phillip Jones, 48, was driving west in the 2900 block of Imperial Avenue when the boy, who was chasing a basketball, ran out into the street in front of his car, San Diego police officials said. Jones was booked on suspicion of driving under the influence.

I’m glad that the boy did not suffer catastrophic or fatal injuries as a result of this terrible San Diego DUI accident. I wish him the very best for a quick and complete recovery.

According to the California Highway Patrol’s 2007 Statewide Integrated Traffic Reporting System, there were 25 fatalities and 575 injuries relating to pedestrian accidents in San Diego. Also during the same year in San Diego County, there were 116 fatal traffic accidents and 2,068 injury traffic accidents that were alcohol-related.

It is illegal in California to operate a motor vehicle under the influence of alcohol and/or drugs. 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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Published on: April 6, 2009

West Hollywood Pedestrian Accident

By Brian Chase

West Hollywood Fatal Pedestrian Accident Victims Identified

Officials identified the two women killed in a West Hollywood crosswalk pedestrian accident as Alina Sheyman of West Hollywood and Maria Velasquez of Glendale. Both women were in their 70s, according to a KABC news report. One other male pedestrian was critically injured in this March 31, 2009 pedestrian crash. He has not yet been identified.

The fatal auto versus pedestrian accident apparently occurred at the intersection of Fountain and La Brea avenues. It happened when one car, a Toyota, clipped another, a Honda, at the intersection while making a left turn from La Brea. The Honda spun out and hit Sheyman, Velasquez and the other man, who had just stepped into a marked crosswalk. Both drivers also suffered major injuries in the collision. No one has been arrested yet in connection with this accident, pending a police investigation.

Several neighbors say La Brea is not only an extremely busy corridor, but there are also constant problems with drivers speeding or running red lights. There are photographs from the traffic cameras at that intersection, which traffic investigators are looking at closely to piece together the facts of this fatal accident. Obviously, this is a dangerous intersection. The question is what the city of Los Angeles did to improve the dangerous condition on this roadway.
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Published on: April 6, 2009

Los Angeles Hit-and-Run

By Brian Chase

Los Angeles Fatal Pedestrian Hit-and-Run Driver Arrested

Los Angeles police have arrested 30-year-old Claudia Cabrera, who they believe struck and killed 18-year-old Adrianna Bachan and seriously injured 19-year-old Marcus Garfinkle in a hit-and-run crosswalk accident near USC, the Associated Press reports. Cabrera fled the scene of the accident. Apparently her husband, Josue Luna, and 7-month-old son were also in the car at the time. Authorities suspect Luna was the person who removed Garfinkle from the hood of Cabrera’s car before leaving the scene of the March 29, 2009 fatal hit-and-run pedestrian accident.

Cabrera was also driving with a suspended license for failing to pay a ticket for a routine traffic violation. She has been arrested on suspicion of gross vehicular manslaughter and felony hit-and-run. The arrest came from tips after authorities announced $235,000 in rewards.

California Penal Code section 191.5 (a) states: Gross vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle… and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”
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Published on: April 4, 2009

Medical Negligence

By Brian Chase

Justice for Service Members Who Are Victims of Negligence

Our friends at the American Association for Justice (AAJ) are now fighting for the rights of service members who died not in combat, but because of medical negligence. One case in particular that is coming before a House judiciary subcommittee involves the tragic death of Marine Sgt. Carmelo Rodriguez.

Sgt. Rodriguez served his country with honor for nearly a decade including a tour of duty in Iraq. Tragically, he died of medical negligence. His death should not have happened. When Rodriguez enlisted in the U.S. Marine Corps, he received a routine medical exam. Doctors diagnosed a blotch on his buttock as melanoma, but did not inform him of their diagnosis. Over the next eight years, the melanoma continued to grow. During his service in Iraq, Rodriguez had it examined again. This time he was told that it was “just a wart” and that he should have it examined upon his return to the United States. But when he actually got around to doing that, it was too late. Rodriguez died 18 months later from skin cancer, leaving behind his 7-year-old son.
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Published on: April 3, 2009

San Diego ATV Crash

By Brian Chase

Teenager Killed in San Diego ATV Crash

Christian Don Stover, a 16-year-old boy from Alpine, died in a San Diego ATV accident on the Barona Indian Reservation just south of Ramona, according to a news report in the San Diego Union-Tribune. Christian and some of his friends were driving the off-road vehicles the evening of April 1, 2009 near Wildcat Canyon Road and Featherstone Canyon Road when he lost control and was ejected. Christian Don Stover was pronounced dead at the scene.

My heart goes out to the family and friends of young Christian Don Stover for their tragic and heartbreaking loss. I offer my deepest sympathies to everyone who knew and loved this young man. Please keep them in your prayers.

Hundreds of young people, especially children 16 years or younger are catastrophically injured or killed in ATV accidents each year. According to a recent study done by the Children’s Hospital of Ohio, more than 136,000 people nationwide go to emergency rooms each year as a result of ATV accident related injuries. One-third of these crashes usually involve children who are 16 years old or younger.
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Published on: April 2, 2009

Thousand Oaks Dangerous Intersection

By Brian Chase

Thousand Oaks Dangerous Intersection Causes Concern

The grandmother of an toddler whose aunt threw him out of the way before she was struck and critically injured at a Thousand Oaks intersection accident on March 10, 2009, is urging the City Council to make that dangerous intersection safer for pedestrians. According to a news report in the Ventura County Star, 2-year-old Mitchell Ito was crossing the intersection of Westlake Boulevard and Devonshire Avenue in a marked crosswalk with his aunt, 49-year-old Argelia Rojas, when they were hit. Mitchell suffered minor injuries, but Rojas is still in the hospital in critical condition.

Ito’s family says this intersection has long been a problem for pedestrians. They and other parents have taken the matter to the City Council. Neighbors say motorists speed along the four-lane road. Drivers don’t pay attention to the crosswalk and do not slow down for pedestrians who are crossing the street, many say. Other neighbors said the crosswalk needs some type of signals to get the attention of motorists. Parents of children who attend a school nearby said they want to see a flashing light and yellow pedestrian signs. Police, who have been doing targeted enforcement at the intersection, apparently cited 21 drivers for failing to yield to a pedestrian during a 90-minute operation Continue reading →

Published on: April 2, 2009

Chino Rear-End Auto Accident

By Brian Chase

Chino Rear-End Auto Accident Injures Six

Several people were injured in a San Bernardino auto accident on March 30, 2009, the Inland Valley Daily Bulletin reports. Injured in this traffic collision were: 23-year-old David Deseran; Justin Longe, 41, Ryan Harris, 22; and Mike Hernandez, 26. Two children – a 9-year-old and a 12-year-old – also suffered injuries.

The accident occurred when Deseran, Harris and Hernandez were in a 2004 Toyota Tacoma heading west on Edison Avenue. As the Tacoma approached Oaks, Deseran, the driver, attempted to merge into a left-turn lane and was rear-ended by a black 2003 Lincoln Navigator driven by 32-year-old Robert Saucedo. The impact from the collision caused the Toyota to spin out of control, become airborne and land in the center lane of Edison. A 2008 Chevy Silverado driven by Longe also collided with the Toyota.

Both Deseran and Harris suffered head injuries and were taken to an area hospital in critical condition. Hernandez suffered a broken left leg. Longe had cuts on his head and left leg. A 9-year-old child suffered from stomach pain and a 12-year-old had a fractured elbow. Saucedo and a 10-year-old child were reportedly uninjured. The children were all occupants of the Chevy truck.

I wish all the victims who were injured in this horrific Southern California car crash the very best for a speedy and complete recovery. They will certainly be in my prayers.
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Published on: April 1, 2009

West Hollywood Pedestrian Accident

By Brian Chase

Two Killed in West Hollywood Pedestrian Accident

Two women were killed and a man was critically injured in an auto versus pedestrian accident in West Hollywood the night of March 31, 2009, according to a CBS News report. The fatal street intersection accident occurred at 7079 W. Fountain Avenue near La Brea Avenue on the border of West Hollywood and Los Angeles. Los Angeles County Sheriff’s Department officials said that a 65-year-old woman, a 50-year-old woman and a 50-year-old man had entered a marked crosswalk to begin walking across the street when they were struck by a vehicle.

Police say three vehicles were possibly involved in this pedestrian accident, but they detained only the driver of the primary vehicle that hit the pedestrians. Officials say they are looking closely at images obtained from a red light camera at the intersection, which they hope will help determine who caused the fatal accident.

My heart goes out to the families and friends of the two women who were killed in this horrific Los Angeles County accident. I offer my deepest sympathies to everyone who knew and loved them. I also hope and pray that the injured man, who is fighting for his life, makes it through this ordeal. Please keep all the injured victims and their families in your prayers.
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Published on: March 31, 2009

Los Angeles County Pedestrian Accident

By Brian Chase

Los Angeles County Pedestrian Accident Injures Teenager

A 16-year-old boy was injured in a Duarte pedestrian accident after he was struck by a car while crossing the street on his way to school, the Pasadena Star News reports. The boy was walking through the intersection of Central and Duncannon avenues near Duarte High School the morning of March 27, 2009 when he was struck by a motorist who said he was blinded by the sun’s glare. The boy suffered injuries to his hands and legs, Los Angeles County Sheriff’s Department officials said. The driver of the car, who has not been cited pending an investigation, told officials that the glare from the sun blocked his vision and that he did not see the boy until it was too late.

I’m glad that the teenager did not suffer fatal injuries in this auto accident. I hope that his head injuries are not serious. I wish him the very best for a quick and complete recovery. He will be in my prayers.

According to the California Highway Patrol’s 2007 traffic accident statistics, there were 210 pedestrian accident fatalities and 5,095 injuries relating to pedestrian accidents in Los Angeles County. In Duarte, there were no fatalities and three injuries reported in connection with pedestrian accidents in 2007.
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