California Injury Blog

Published on: August 8, 2008

Fatal Ventura Big Rig Accident Kills Motorcyclist

By Brian Chase

Charles Lowe, 53, of Oxnard died in a fatal Ventura truck accident on Highway 101 after his vehicle collided with a tractor-trailer, the Ventura County Star reports . Lowe was reportedly traveling north on the freeway near East Main, when he hit a tractor trailer in the right lane, California Highway Patrol officials said. The motorcycle flipped on to its side and threw Lowe into the road. The driver of the big rig, 27-year-old Javier Tamayo, was reportedly uninjured.

I offer my deepest condolences to Lowe’s family and Charles’ friends for their enormous loss.

Motorcycle accidents have been steadily climbing especially in states such as California and Florida where their popularity is ever-increasing. In 2006 there were 11 motorcycle accident fatalities and 224 reported injuries from motorcycle accidents in Ventura County alone, according to the California Highway Patrol’s motorcycle accident statistics.
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Published on: August 7, 2008

Fatal Pedestrian Accident in Inglewood Claims Life of 19 Year Old

By Brian Chase

Armando Daniel Espinoza, 19, died in an Inglewood pedestrian accident Sunday after he was struck by a car at the intersection of Prairie Avenue and 107th Street in Inglewood, according to a news article in the Daily Breeze. Espinoza reportedly ran across the street in front of a car, Inglewood police officials say. They are looking into toxicology tests to determine if Espinoza was under the influence of alcohol. Officials say there are several bars in that area. Espinoza died from major heard injuries.

I offer my condolences to Espinoza’s family. If I were a family member, I would want to find out what really happened. This accident reportedly occurred at 2:30 a.m. when there are likely to be very few eyewitnesses. It is not clear from this news report as to who saw Espinoza “running across the street” into the path of the car.

It puzzles me why the news report seems to be placing blame on Espinoza and not on the driver that hit him. Is there a toxicology report being done on the driver? Was he/she in one of those bars drinking to the last moment of service? Who substantiated the driver’s version of this fatal California pedestrian accident.

Unless there are eyewitnesses other than the driver of the car who hit Espinoza that say Espinoza ran into the street directly in front of the car that hit him, I wouldn’t buy it. If the physical evidence at the scene and of the car that hit Espinoza don’t match the driver’s story, I’d be highly suspect about what really happened. Espinoza’s family would be well-advised to consult a reputed personal injury attorney who will not only conduct a thorough, independent investigation to find out what really happened, but will also fight to protect their legal rights.
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Published on: August 7, 2008

Los Angeles Auto Accident Kills Siblings

By Brian Chase

Alan J. Pogglo, 23, and Lindsay Pogglo, 22, both of Shafter, have died in a Sylmar rear-end collision auto accident on the 5 Freeway in the Sylmar area of the San Fernando Valley. According to an Associated Press news report, Alan was riding his 2002 Kawasaki motorcycle on the freeway when his motorcycle stopped and he got off the vehicle in the middle lane of the freeway.

His sister, who was reportedly driving a Dodge Neon, stopped her car behind the motorcycle to help her brother and turned on the emergency lights when a pickup truck driven by 50-year-old Ronald R. Benedetti of Littlerock rear-ended the car, killing brother and sister. Both Alan and Lindsay Pogglo were pronounced dead at the scene.

Please keep this family in your prayers. I offer my deepest condolences to the Pogglo family as well as Linsay’s and Alan’s friends. I can’t imagine the grief the Pogglo family is enduring.

It’s still too early to say exactly what happened in this fatal freeway auto accident. Although this news report states that it is not clear why Alan stopped his motorcycle on the freeway, I’m convinced that he must have experienced some mechanical difficulties with his vehicle or it must have stalled. I am sure he must have stopped due to some necessity.
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Published on: August 6, 2008

Fatal Pedestrian Accident on Hollywood Blvd. Involved Drunk Driver, Officials Say

By Brian Chase

A 29-year-old man who reportedly struck and killed two pedestrians in a crosswalk on Hollywood Boulevard earlier this month had a blood alcohol level that was twice the legal limit to operate a motor vehicle, according to an Associated Press news report. Sergio Rogelio Delgado was reportedly fleeing police officers who tried to stop him for driving on the wrong side of the road when he ran a red light and hit 32-year-old Cecilia Diaz Vasquez and Pedro Davila, 40, who were walking on the crosswalk at Wilcox Avenue.

Delgado has been charged with two counts of murder, two counts of felony gross vehicular manslaughter while intoxicated and fleeing the scene of the Hollywood pedestrian accident. He also reportedly was convicted once in 2003 of driving under the influence. This article says Delgado was out drinking with a friend before he drove off.

My heart goes out to the families of the two people who were killed in this horrible pedestrian vs. auto accident. In this case, the two pedestrians were crossing Hollywood Boulevard on a marked crosswalk. The blame falls squarely on Delgado, who police say was not only intoxicated, but also evading police and driving recklessly.
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Published on: August 6, 2008

Costa Mesa Personal Injury Lawyers

By Brian Chase

Costa Mesa offers 9 parks, a municipal golf course, 26 public schools and 3 libraries. Additionally, Costa Mesa is home to Orange Coast College and Vanguard University as well as Whittier Law School and National University. The Orange County Performing Arts Center, Orange County Fairgrounds, South Coast Repertory Theater and South Coast Plaza are prominent centers of cultural and economic activity within the City.

The Costa Mesa personal injury attorneys at Bisnar Chase Personal Injury Attorneys have represented the seriously injured in Costa Mesa 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 Costa Mesa 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 5, 2008

Waivers Make It Tough For Consumers To Sue Nursing Homes

By Brian Chase

Seniors and their families these days are so anxious to get a spot in a nursing home that they are signing away their rights to sue over poor nursing home care in such facilities, according to an Associated Press news report. This trend has sparked a debate between law makers, nursing home advocates and trial lawyers. Rest home officials say such agreements are a good way to settle disputes over issues like negligent nursing home care, while advocates for the rights of the abused believe that families should not give away their right to hold negligent nursing homes accountable in a court of law for substandard care.

The report gives examples of nursing home patients who have been pushed into a corner because they signed these waivers. A Senate panel, which is investigating the growing use of these waivers by nursing homes, says more than 100 lawsuits have been filed in the past five years by victims of nursing home abuse and negligence, challenging such contracts. Victims’ family members say they didn’t understand the implications of the agreements they entered into, sighting the extreme stress to find a nursing home for their loved ones as their reason for forfeiting their basic rights.

Many victims and their families believe that these waivers are increasingly becoming a shield that large corporations that own nursing homes hide behind. It is more profitable for nursing homes to cut staff and provide mediocre or substandard care than spend the money to be fully staffed by trained and qualified personnel.
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Published on: August 4, 2008

Six-year-old Boy Suffers Severe Head Injuries In California Bicycle Accident

By Brian Chase

Dominic Loparenza, a 6-year-old Morgan Hill boy, suffered critical head injuries in a bicycle accident. According to an article in the Morgan Hill Times, Dominic was riding his bicycle without a helmet eastbound on Kalana Avenue at Santa Teresa Boulevard when 53-year-old Maria Scanlon, who was driving a Honda Odyssey southbound on Santa Teresa, hit the boy. Officials say in their report that Dominic suddenly made a U-turn into the path of the van.

Dominic is reportedly in critical but stable condition. He suffered a depressed skull fracture, according to California Highway Patrol officials. Investigators also say that alcohol or drugs were not involved in the incident and have not yet filed any charges against Scanlon.

This news report puts the blame for this California bicycle accident on Dominic. But something about the news account of the accident doesn’t add up. The information that the boy made a U-turn in the street in front of the Odyssey has not been attributed to anyone. If independent eyewitnesses and physical evidence (the relative positions of the bike and the car as well as the damage to each of the vehicles) confirm that Dominic did in fact, make a U-turn, I’d buy that story. Even if Dominic did make a U-turn into the path of the van, why didn’t the van stop in time? Why was the van so close that a sudden U-turn did not give the van adequate time to stop or change direction?
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Published on: August 4, 2008

Newport Beach Personal Injury and Car Accident Lawyers

By Brian Chase

The City of Newport Beach is located in the coastal center of Orange County, making it a popular tourist spot for beach go-ers throughout Southern California. As of January 2008, it has an estimated permanent population of 84,554 but during the summer months, the population grows to more than 100,000 with 20,000 to 100,000 tourists daily. As the number of pedestrians, motorists and boaters increases, so does the chance of an accident.

The Newport Beach personal injury attorneys at Bisnar Chase Personal Injury Attorneys have represented the seriously injured in Newport Beach 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 Newport Beach 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 3, 2008

Three Injured In Santa Rosa Chevy Suburban Rollover Accident

By Brian Chase

Three people were injured in a two-car SUV rollover accident on Highway 12 in Santa Rosa after a Chrysler sedan reportedly ran a red light and struck a Chevrolet Suburban sport utility vehicle, which flipped over. According to an article in the Press Democrat, both the driver and a passenger in the sedan and the driver of the Suburban were injured.

From the photo of the Chevrolet Suburban in this SUV Rollover accident, it appears that the vehicle’s roof crushed, which is common for General Motors Company SUVs. If the injuries to the occupants of the Chevrolet Suburban were severe head or spinal cord injuries or if any other injuries were caused by the collapsing roof or seat belt failures, the victims would be well-served by consulting with one of about a dozen auto defect law firms in the nation that are truly experienced in handling GMC SUV litigation. When considering hiring a SUV rollover accident attorney, ask them how many similar cases they have completed and how many they have in progress. Your might also want to know how many auto defect cases in total they have successfully completed against General Motors.
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Published on: August 2, 2008

Bakersfield Fatal Pedestrian Accident Involves Senior Driver

By Brian Chase

Marianne Harris, who was walking on a Bakersfield Street, died of critical injuries she suffered in a pedestrian accident after being struck by a car driven by 84-year-old Charles Nowatzki, the Bakersfield Californian reports. Nowatzki was driving a 1997 Crown Victoria east on Columbus Street and was passing the intersection at Baylor Street when he struck Harris, who was walking north across Columbus Street in the crosswalk, an earlier article states.

Nowatzki and a passenger in the car were uninjured. Police say speed, alcohol or drugs were not a factor in this pedestrian accident. Investigators are still trying to determine how and why the accident occurred. If you witnessed this accident, please call Officer Patrick Dillard at 661-326-3967 or Bakersfield Police at 661-327-7111.

My deepest condolences to Harris’ family and to Marianne’s friends.

What strikes me is the age of the driver’s age, 84-years old. If I were an attorney representing Harris’ family, I would look into Nowatzki’s driving record, his physical condition/health and more importantly, if he was fit enough to drive. I would want to know if in fact Nowatzki was capable of driving safely. If he wasn’t, was his family aware of the fact and let him drive anyway.

I would also investigate if their was something about the intersection where this California pedestrian accident happened that contributed to Nowatzki not seeing Harris in enough time to react appropriately. Is this a dangerous intersection? Did the intersection itself contribute to the accident?
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