California Injury Blog

Published on: June 28, 2008

All Terrain Vehicle Safety Concerns

By Brian Chase

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

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

Better equipment including helmets and protective gear, better understanding of proper riding methods and usage and effective consumer safety campaigns have apparently played a part in lowering the number of deaths. It appears that the increasing number of ATV Accident injuries is due to growing ATV usage and their availability.
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Published on: June 27, 2008

Anaheim Motorcycle Accident Claims Teen’s Life

By Brian Chase

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

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

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

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

In 2006 there were 26 motorcycle fatalities and 730 reported injuries from motorcycle accidents in Anaheim. The age group 15 to 24-years-of-age suffered the highest number of motorcyclists killed or injured over any other age group. Statistics according to the California Statewide Integrated Traffic Records System (SWITRS) (http://www.chp.ca.gov/switrs/pdf/2006-sec7.pdf)
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Published on: June 26, 2008

Orange County Baby Falls Three Stories, Survives

By Brian Chase

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

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

I’m extremely relieved and happy that the child survived this catastrophic fall. With warmer weather approaching, danger from window fall injuries increase. Many of us tend to keep our windows open during these hot summer days.
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Published on: June 24, 2008

15-Passenger Van Rollover Accident On I-35 Kills 2 People

By Brian Chase

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

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

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

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

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

My heart goes out to the families of those injured and I offer my deepest condolences for their loss. And I am mad as #$**. This was a needless loss of life and needless injuries that I attribute to corporate profits over public safety.
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Published on: June 22, 2008

Seattle’s Best Personal Injury Attorney – Chris Davis

By Brian Chase

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

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

After spending some time with Chris Davis and getting to know him personally, he has been moved to the top of my referral list for the state of Washington for all personal injury matters including car accidents, boating accidents, traumatic brain injuries, spinal cord injuries and anything else involving a serious or fatal injury due to an accident. He has been moved to the top of our list for Washington State insurance bad faith, medical malpractice and dog attack claims as well.
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Published on: June 20, 2008

Protection For Seniors Hampered By New Budget Cuts

By Brian Chase

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

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

The California Senate’s Budget and Fiscal Review Committee has recommended holding back on funding the conservatorship reform program for another year, dealing another blow to the State’s aged and disabled. An article in The L.A.Times reports this measure is a part of the State’s courts $246 million budget cuts and is now being considered for the final budget draft.
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Published on: June 19, 2008

Texting Huntington Beach DUI Driver Pleads Not Guilty

By Brian Chase

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

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

On July 1, a new California law will go into effect banning hand-held cell phone use for adults and banning all cell-phone and texting for teen drivers. However, this new law does not prohibit adults from texting. There is no question that texting should have been part of the ban and Woods’ negligent behavior shows us why texting should have been included in the text of the new law.
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Published on: June 18, 2008

Mystery Fatal Car Crash on I-405 Freeway In Costa Mesa

By Brian Chase

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

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

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

Yes, it is possible that Pearson fell asleep at the wheel and lost control. But, an expert investigator will want to rule out all other explanations for this car crash before forming an opinion. Was there any debris or another dangerous condition on the road that Pearson had tried to avoid? Was the car in a good mechanical and operational condition or did it have a mechanical failure of some type? Were there any problems with the brakes? A complete analysis and reconstruction of the accident is required in order to truly know what happened.
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Published on: June 17, 2008

Orange County Towing Company Stung For Illegal Tow

By Brian Chase

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

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

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

Not to be out gunned, Taylor sought help from…..you guessed it, Bisnar Chase Personal Injury Attorneys. When I read Taylor’s request for guidance with his case, I just couldn’t let him go it alone. So rather than give him the advice he sought, I assigned one of our attorneys, Eric Hansen to actually represent Taylor at the new trial, pro bono.
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Published on: June 16, 2008

Westminster Vicious Dog Attack Update

By Brian Chase

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

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

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

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

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