California Injury Blog

Published on: August 18, 2008

Canyon Country Dog Bite Victim Suffers Injuries

By Brian Chase

A woman in Canyon Country suffered severe injuries after both she and her Chihuahua were attacked by two Pit-Bulls during a walk. According to an ABC News report, Tempo Edwards was walking her dog when two pit-bulls attacked her. Edwards reportedly suffered bite marks on her hand and neck. The district attorney is looking at filing criminal charges against a Canyon Country man believed to be the owner of the two Pit- Bulls.

The pit-bulls first went after Edward’s dog and then her. One of the dogs locked its jaw around her neck and knocked her down. Neighbor Lillie Troncale, who came to her rescue, managed to scare the dogs and get them off Edwards, who reportedly had undergone a kidney transplant recently. Her doctors are now concerned about possible infection from the pit-bull dog bites.

Thank goodness Troncale was near by and acted quickly. She probably saved Edward’s life. I wish Edwards a speedy recovery. I also hope the district attorney goes through with the prosecution of the dog owner.

According to statistics from the U.S. Centers for Disease Control, Pit Bulls and Rottweilers accounted for more than half the fatal dog attacks between 1977 and 1998. Over two thirds of the people I have represented in dog attack cases were bitten by either Pit Bulls or Rottweilers.
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Published on: August 17, 2008

Irvine Auto Accident Claims Life of Orange County Woman

By Brian Chase

Nina Arabian, 77, of Irvine, died in an Irvine auto accident Aug. 15 after the car she was a passenger in struck a wall surrounding a gated community, The Orange County Register reported . The Orange County Coroner said that Arabian died of blunt force trauma after the vehicle hit the wall at the intersection of Hiilsborough and Stonecliff Aisle, Irvine police officials say.

Arabian was reportedly rushed to an area hospital where she died. The driver of the car, whom officials did not identify, was neither detained nor arrested. Officials are still investigating this accident and it is too early to tell exactly what happened or caused this tragic Orange County auto accident.

My deepest condolences to Arabian’s family, loved ones and friends. Hopefully Nina didn’t suffer.

This accident could have been caused by any number of factors. This could be simply a case of a negligent driver losing control of her vehicle. Then again, the driver might not be at fault ata all. The driver could have slammed into the wall due to a defect in her automobile, a mechanical malfunction, debris on the roadway, the actions of another vehicle and so on. There may be something or someone responsible other than the driver.
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Published on: August 17, 2008

Orange County Drunk Driving Accident On Dangerous Roadway Kills Skateboarder

By Brian Chase

Nathan Gonzalez, 14, of Mission Viejo, who suffered severe head injuries after being struck by a drunken driver as he was skateboarding with friends on Los Alisos Boulevard Aug. 10, has died. Neighbors and residents of Aliso Villas where this fatal Orange County auto accident occurred are saying that for years, they’ve asked City Council to improve the dangerous conditions on that roadway, The Orange County Register reports .
They say there is poor visibility on the street because it is pack with cars parked by Madero street auto mechanic businesses.

Neighbor Kathy Miramontes tells the Register that in the past she has petitioned the city for speed bumps and even got the city to paint the curbs red and got a trailer to monitor speed of vehicles traveling through the neighborhood. Officials arrested Johnny David Perez, 25, on suspicion of driving under the influence and striking Nathan.

I offer my deepest condolences to Nathan’s parents. Maybe Nathan’s traffic death will lead the city to take Kathy Miramontes’ and other local residents’ complaints and suggests seriously.

There is little doubt that Perez will be held civilly and criminally responsible for Nathan’s fatal auto accident injuries. But neighbors such as Miramontes raise important issues. For years, they have approached the city of Mission Viejo to alert city officials about several dangerous conditions that exist on that roadway. The city apparently did take a few steps to monitor speeding motorists.
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Published on: August 17, 2008

Corona Pedestrian Accident Claims Man’s Life

By Brian Chase

Filiberto Napoleone, 76, of Corona, was reportedly struck by a sport utility vehicle Aug. 14 at a busy Corona intersection, according to this news report. Napoleone was walking on Border Avenue when he was hit southeast of Fraser Circle. He was reportedly pronounced dead at the scene of the California pedestrian accident.

According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS), there were three pedestrian fatalities in Corona in 2006. There were 30 pedestrians reportedly injured in Corona traffic accidents. In Riverside County, 48 pedestrian fatalities and 464 pedestrian accident injuries were reported for that same year.

My heart goes out to Napoleone’s family. I’m deeply sorry for their loss.

This and other news reports don’t shed much light on how this Corona fatal pedestrian accident occurred. They don’t say exactly how the accident occurred. We don’t know too many details about the driver of the SUV. We don’t know whether alcohol and/or drugs were involved in the incident.
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Published on: August 17, 2008

Nursing Homes Evicting Frail And Ill Residents

By Brian Chase

Exploitation by nursing homes is hitting an all-time high or an all-time low, whichever way you want to look at it. According to this in-depth report by the Wall Street Journal, nursing homes across the country are trying to evict frail and ill residents and replacing them with shorter term residents who are likely to bring in more revenue.

What does the law say? Can nursing homes actually kick out the weak and vulnerable to make a quick buck? Federal law and state laws are supposed to protect nursing home residents from eviction. But the loophole in the law is that these laws don’t protect residents of assistant living facilities.

Particularly vulnerable to eviction are those who are dependent on Medicaid. Still, patient advocates and state officials say many nursing homes are crossing the line when they use some excuse to get rid of those residents who are simply inconvenient or too expensive to keep on such as those with dementia or those who depend on Medicaid to pay their bills.
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Published on: August 16, 2008

Fatal San Diego Pedestrian Accident Claims Man’s Life

By Brian Chase

James Tedrow Gauntt, 24, of Los Angeles was killed in a San Diego pedestrian accident on the Del Dios Highway in Rancho Santa Fe after he was struck by two cars, one of them a hit-and-run vehicle, according to a news report in the San Diego Union-Tribune.

The accident reportedly occurred when Gauntt was walking after spending a night out with friends. He was hit by a 23-year-old San Marcos man driving a Honda Civic westbound on the highway near Calle Ambiente, according to California Highway Patrol officials.

The driver told officials that he swerved to avoid striking Gauntt, but couldn’t stop in time. The car rolled over, but the driver was uninjured. CHP officials say based on physical evidence that two other vehicles drove by shortly after the pedestrian accident, one striking Gauntt and the other hitting the overturned Civic. Neither one of those vehicles stopped to help Gauntt or the driver of the Civic, officials said.

If you have information about the two hit-and-run drivers, please call the Oceanside CHP at 760-757-1675.
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Published on: August 15, 2008

Irvine Personal Injury and Car Accident Lawyers

By Brian Chase

The City of Irvine was incorporated on December 28, 1971, under the general laws of the State of California. The city operates under a charter law form of government which was adopted in 1975, meaning Irvine has a City Council-City Manager form of government. The City Manager is appointed by the City Council to function as the chief administrator of the City.

The Irvine personal injury attorneys at Bisnar Chase Personal Injury Attorneys have represented the seriously injured in Irvine for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Irvine dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client’s case and we advance all costs and expenses.

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Published on: August 14, 2008

Roof Crush Standard Delayed By NHTSA

By Brian Chase

Federal safety regulators are delaying a tougher vehicle roof-strength standard by three months, according to a news report in the Detroit Free Press. This more stringent standard is expected to prevent highway deaths in rollover accidents that caused vehicles with weak roofs to cave in and crush causing numerous fatalities, brain and spinal injuries.

The new roof crush standard, which was supposed to have been in place by July 1, will instead be issued Oct. 1, according to a recent announcement made by the National Highway Transportation Safety Administration (NHTSA). Safety advocates reportedly told regulators June 4 that the proposed rule was inadequate and that the federal safety agency should take more time to strengthen the proposed standard.

More than 10,000 people die in the United States each year in rollover accidents. Many of these auto accidents involve sport utility vehicles, which are prone to rollovers because of their high center of gravity. Recent studies by the Insurance Institute for Highway Safety showed that Ford Explorer and Chevrolet Suburban, especially the older models, had the worst roof strength which has been confirmed by our own testing.
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Published on: August 13, 2008

Lancaster Motorcycle Accident Kills Los Angeles County Fire Captain

By Brian Chase

Los Angeles County fire Capt. John Ellis, 55, was killed in a motorcycle accident in Lancaster, according to a CBS News report. The fatal motorcycle accident occurred at 70th Street West and Avenue I Saturday night when the 42-year-old driver of a Chevrolet pickup truck pulled into the intersection in the path of the motorcycle, which then struck the pickup. Ellis was taken to a hospital in Antelope Valley where he was pronounced dead. All the occupants of the pickup truck were reportedly uninjured.

My deep condolences to the family of Capt. Ellis as well as his friends and co-workers in the Los Angeles County Fire Department.

There are few details about the motorcycle accident that have been released. According to the reports I read the pickup truck pulled into the path of Ellis at the intersection and he and his motorcycle struck the pickup Clearly it appears the driver of the Chevy pickup was at fault for failing to yield right of way to through traffic at that intersection. The driver probably just did not see the motorcycle approaching the intersection, which is common in these types of accidents.

According to research published by the Insurance Institute of Highway Safety, five crash types account for 86 percent of fatal motorcycle crashes: motorcycle runs off road (41 percent); motorcycle or other vehicle runs traffic control (18 percent); head-on collision(11 percent); vehicle turns in front of motorcycle (8 percent); and motorcycle goes down in roadway (7 percent).
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Published on: August 13, 2008

San Francisco Helicopter Crash Kills 9; Injures 4

By Brian Chase

Officials believe a San Francisco helicopter crash has killed eight firefighters and one pilot involved in battling a wildfire in Northern California. According to an Associated Press news report, the Sikorsky S-61N helicopter was destroyed after it crashed in the Shasta-Trinity National Forest. Officials have still not been able to pinpoint why the accident occurred. Four others who were in the helicopter suffered severe burns. Two are in critical condition.

Some of the firefighters, including those in the hospital, were reportedly employed by firefighting contractor Grayback Forestry, based in Merlin, Oregon. The helicopter was owned and operated by Carson Helicopters Inc., a Pennsylvania company whose firefighting operations are based in Grants Pass, Oregon.

There are several possibilities for what went wrong and who is responsible for this fatal helicopter accident. Officials are still trying to recover the bodies of the helicopter accident victims from the wreckage. Please keep the victims and their families in your prayers.

Many questions arise out of this incident. Was this a pilot error? Was it an air traffic controller’s error? Was it a maintenance issue? Or was it caused by a defective part? The injured men will get their workers’ compensation benefits. But they and their families will also find out that the benefits they are entitled to through California’s workers’ compensation system are embarrassingly low.

If this helicopter accident and the resulting injuries are the fault of a third party, the injured and the families of the deceased will be entitled to the full measure of compensation – as much as 20 times what the workers’ compensation system will provide. A third party would be the pilot, air traffic control, spotters, whomever was responsible for maintenance of the helicopter and so. A third party is pretty much anyone other than an employer or co-employee.
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