April 2009 Archives

April 29, 2009

California Bus Accident on Highway 101 Kills at Least Five People

A California bus accident has claimed the lives of at least five people. The bus, filled with French tourists, overturned on California highway 101 close to Soledad. Five of the people that died were from France. Over 30 others were injured.

The cause of the deadly bus collision is unclear. The California Highway Patrol says that the bus hit a center divider, skidded onto its side, throwing a number of passengers from the bus, over the guardrail, and onto the freeway below. The driver appears to have lost control of the bus and the bus was ripped open during the crash. The charter bus was run by Orion Pacific, which is an Orange, California-based company. 

If you or someone you love was seriously injured in a California bus accident, it is important that you speak with an experienced motor vehicle crash law firm that knows how to investigate such crashes. Whether the bus you were riding in was a public bus, a bus operated by a charter group or another private company, a tour bus, or a school bus will determine who can be held liable for the injuries.

Common causes of bus accidents:

• Driver inexperience
• Drunk driving
• Speeding
• Bus defects
• Faulty brakes
• Poor maintenance
• Poor road conditions
• Bus overload

Most buses are considered "common carriers," which means they owe their passengers and other motorists on the road a greater duty of care to exercise caution when driving. Failure to exercise this duty can lead to a personal injury claim or a wrongful death lawsuit if anyone gets hurt.

Most buses don't come with seatbelts, which means that passengers can get easily tossed around or thrown out of the bus during a serious bus accident. Traumatic brain injuries and spinal cord injuries are unfortunately not uncommon, especially during a bus rollover crash.

This is the second serious California tour bus accident in the last several months.  Last October, eight people died and 35 people got hurt when a charter bus flipped over and landed into a ditch. 



Related Web Resources:
Feds blasted on seatbelt law,  MontereyHerald.com, April 29, 2009

8 Killed in California bus accident, NY Times, October 6, 2008

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Posted In: Bus Accidents , Motor Vehicle Accidents , Traffic Accidents

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April 27, 2009

Huntington Beach Construction Worker Dies in Trench Collapse

A Huntington Beach construction worker who became trapped about eight feet in a collapsed trench has died. Some 40 firefighters from Santa Ana, Costa, Huntington Beach, as well as the Orange County Fire Authority, arrived at the scene to try rescuing him under concrete and soil that had fallen while he was digging a trench. 

Construction Accidents
Construction work can be dangerous work. Construction workers place themselves at risk of serious injuries every day, and the injuries that occur on the job can be catastrophic. 

Common Kinds of Construction Accidents:

• Scaffolding accidents
• Electrical accidents
• Crane accidents
• Workers getting hit by construction equipment or other falling objects
• Machinery accidents
• Trench collapses
• Structural collapses
• Burn accidents
• Motor vehicle crashes
• Fork lift accidents
• Welding accidents
• Gas blasts
• Defective products
• Exposure to hazardous substances
• Fall accidents
• Roof-related injuries

Trench Collapse Accidents
It is important that there are safety measures in place to protect a worker inside a trench. A worker who gets trapped during a trench collapse can easily become crushed under heavy soil, which can lead to suffocation and other injuries. 

Not only are injured construction workers and their families likely entitled to California workers' compensation benefits, but there may be third parties who can be held liable for your construction accident injury, such as the manufacturer of a dangerous or defective product or machinery, a negligent general contractor, a motor vehicle driver, or another employer who works at the site that you are not directly employed under. Serious construction injuries may prevent a construction worker from ever being able to return to his or her line of work, causing long-term financial duress for family members.

An experienced Huntington Beach, California construction accident law firm can make sure that you receive all of the workers' compensation benefits and third party recovery compensation that you are owed.

Man trapped inside collapsed trench, OC Register, April 27, 2009



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April 26, 2009

Anaheim Bicycle Accident is Orange County, California Hit and Run Crash

Police are trying to find the motorist responsible for seriously injuring a 55-year-old Anaheim bicyclist close to the Anaheim Convention Center on Friday night. As of yesterday, the cyclist is reportedly in grave condition and he may not recover.

The man was driving on South West Street when a Chevrolet El Camino hit him from behind and kept moving. The cyclist sustained serious head injuries and was unconscious when paramedics arrived.

Just a few minutes after the catastrophic Orange County, California bicycle accident, police found the El Camino in some bushes. Its windshield had been shattered. 

2007 Pedalcyclist Facts from the NHTSA:

• 698 pedalcyclists died in traffic accidents.
• 44,000 were injured.
• Average age for pedalcyclist killed is 31.
• Average age of pedalcycists injured was 30.
• Of the 3,974 traffic deaths in California that year, 109 were pedalcyclists.


Some examples of common collisions that result in injuries to bicyclists:

• A motor vehicle turns in front of a bicyclist, blocking his or her path.
• A driver fails to yield the right of way.
• A driver fails to look left and right after stopping at a stop sign.
• Drunk driving.
• Driver inattention.
• Hit and run accidents.
• A motorist opens the door of a parked vehicle, striking a bicyclist.
• Roadwork and potholes can result in bicycle accidents.
•
California bicyclists, like motorcyclists, car drivers, and truck drivers, are entitled to the same rights and privileges when riding on state roads. A bicycle accident can result in life threatening injuries. 


Bicyclists and Other Cyclists, National Highway Traffic Safety Administration


Related Web Resources:

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Posted In: Bicycle Accidents , Motor Vehicle Accidents , Traffic Accidents

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April 24, 2009

Newport Beach Wrongful Death Claims Blame City Officials for Drowning Accidents

Two families have filed Orange County, California wrongful death claims blaming Newport Beach officials for their loved ones' drowning deaths. In the first claim, filed by the loved ones of Claremont resident Victor Wang who drowned in March 2008, the family contends that the city failed to put up flags or another warning that the high wind or surf could prove dangerous. Wang's family is asking for $20 million. 

The second wrongful death claim stems from an incident last August when a man who dived under a wave  broke his neck. Michelle Taylor is seeking $500,000 and her Orange County, California claim cites a "failure to warn" and "dangerous condition of public property." 

Newport Beach officials have denied both claims. They say that when Wang drowned, there were a number of warning signs posted. It is not certain yet whether either family will turn their claims into Newport Beach, California wrongful death lawsuits. 

In the last 10 years, 14 people have died at the beach in Newport. 6,125 medical assists have been required each year, with only 5 to 10% involving serious injuries. While state law appears to favor the city--as a public entity--not being liable for personal injuries caused by "a natural condition of any unimproved property,"  according to California code, a public entity could be held liable if the entity had "actual or constructive notice of the dangerous condition" and could have taken steps to protect people against the "dangerous condition."

Recently, the association that oversees Lake Mission Viejo in 2003 paid $900,000 to settle a wrongful death lawsuit that the plaintiffs said occurred because the lifeguard wasn't paying enough attention. Other wrongful death and personal injury claims have been filed in US drowning accidents involving: 

• Beaches, pools, or other bodies of water that were improperly supervised.
• Lifeguard negligence or incompetence.
• Fall accidents from piers or docks.
• Personal injuries and deaths involving defective boats and other water products.


Related Web Resource



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Posted In: Premises Liability , Wrongful Death

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April 22, 2009

2-Year-Old Orange, County California Boy Sustains Facial Injuries During Newport Beach Dog Attack

In Newport Beach, a 2-year-old boy sustained serious facial injuries on Monday when a German Shepherd that was unsupervised at Newport Pier bit him. Young Connor Errington is recovering from his injuries from the Orange County, California dog bite incident.

The toddler was standing about two feet from the dog that was tied to a tree. As Connor attempted to say goodbye to the dog, the animal bit him on the face. The boy had to get six stitches and his nose may be broken.

The German Shepherd's owner has provided documentation showing that it has the necessary vaccination. It will be placed under quarantine in case of rabies.

Dog Bite Injuries
With this week's hot weather appearing to usher in an early summer, it is important to remember that the heat can turn kids and dogs together into a bad combination. This is why if you plan on taking your child to a park, a beach, or another public area, you must take extra precautions to prevent him or her from getting attacked, bitten or mauled by a dog.

Children are especially prone to serious injuries to the head and neck areas during dog attacks. Not only can these injuries be extremely painful, but they can lead to serious wounds and scars requiring extensive plastic surgery--procedures which may not take place until after the child is fully grown. 

According to a study published in Otolaryngology-Head and Neck Surgery's March 2009 issue about 84 children (up to age 19) who were treated for dog bite wounds:

• Age 6 was the average age for kids injured in dog attacks.
• 1/3rd of the injuries happened on the cheek area of the face.
• 21% of the injuries were sustained on the lips.
• 8% of injuries affected the ears and nose.
• 64% of the kids who were injured sustained more than one facial wound.
• 40% of all of the injuries required a child to undergo surgery while under general anesthesia.
• Pit bulls are the breed most commonly identified in dog attacks involving child victims. 

You may be able to file a Newport Beach dog bite lawsuit on behalf of your son or daughter. 




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Posted In: Dog Bites/Animal Attacks , Injuries to Minors

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April 20, 2009

Anaheim Pedestrian Dies in Hit and Run Accident

Garden Grove police have identified an Anaheim pedestrian who died on Sunday after he was hit by a car on Orangewood Avenue. The man, 25-year-old Henry Franco Jr., was found lying in the middle of the street at around two in the morning. The driver, unfortunately, fled the Orange County, California car accident scene. A number of motor vehicle parts were discovered on the road, but so far, there are no witnesses. 

If you or someone you love was seriously injured in a California car accident, you may be entitled to personal injury compensation. Even if the driver was a hit and run motorist or an underinsured driver or an uninsured motorist, there are still steps that an experienced Orange County, California personal injury law firm can take to make sure that you get the funds that you need so that you can recover.

According to the National Highway Traffic Safety Administration, from 2003 to 2006, 1 out of every 8 auto accidents in the US was a hit-and-run accident. While 80% of hit and run crashes involve property damage only, there are those hit and run incidents motor vehicle crashes that result in serious injuries or death--especially when the injured party did not receive immediate medical attention right away because there were no witnesses and the hit and run motorist fled the scene without notifying the paramedics that someone was hurt.

Reasons Why Drivers Hit and Run
• They were drunk driving
• Driving without a license or insurance
• Driving a stolen vehicle
• Running from the law for other reasons

It is traumatic enough to be involved in a catastrophic California car crash without having to worry about where you and your family will get the funds to pay for medical costs, rehabilitation bills, lost wages, and other related expenses. 



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Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents , Traffic Accidents , Wrongful Death

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April 17, 2009

$3 Million California Wrongful Death Settlement Reached Between Los Angeles County Supervisors and Family Alleging Medical Malpractice Because Woman was Denied Medical Care

In Southern California, the children of Edith Rodriguez have reached a wrongful death settlement with Los Angeles County Supervisors over the lack of care their mother received at Martin Luther King Jr.-Harbor Medical Center. 

Rodriguez died after a triage nurse at the hospital disregarded her complaints on May 9, 2007. Security footage reportedly shows Rodriguez, 43, in the hospital waiting room while staff walk by her and a janitor mops around her. Rodriguez reportedly was writhing in pain for a quarter of an hour on the floor before her death.

Two people reportedly made 911 calls asking for someone to help Rodriguez. During each call, dispatchers disregarded their concerns. In the first call, the dispatcher said no one could be sent to help Rodriguez because she was already at a hospital. The second dispatcher told the caller that the situation did not sound life-threatening. One of the 911 phone calls was made by Jose Prado, Rodriguez's boyfriend.

Rodriguez, who had been released from the hospital emergency room just hours before her last visit had a perforated bowel. She had been to the hospital four times in three days looking for medical help. According to an internal report prepared by an outside company that lawyers for the county unintentionally released, Rodriguez could have survived her ailment if she had received the medical care that she was seeking. 

Rodriguez's three children had accused the defendants of medical malpractice and civil rights violations.Their Los Angeles wrongful death lawsuit had asked for $45 million in compensation--1 million for each minute their mother was denied medical care. Prado is to receive a $250,000 settlement.

Following Rodriguez's death, federal regulators sought to close down beleaguered hospitals where workers failed to provide patients with the minimum standard of care. From fiscal years 1999 to 2003, Los Angeles County shelled out $20.1 million to settle California medical malpractice cases filed because of mistakes and failures that occurred at King-Harbor hospital.

California Medical Malpractice
California medical providers, such as hospitals and clinics, and the staffers who work there, including doctors, nurses, paramedics, emergency room workers, dentists, surgeons, chiropractors, gynecologists, and other medical professionals, owe patients a certain standard level of care. When failure to provide that care or when medical mistakes, recklessness, carelessness, or negligence causes injury or death, the parties responsible for the error and the facility where the incident took place can be held liable for medical malpractice or wrongful death.

Some Examples of Medical Malpractice:

• Delayed diagnosis
• Wrong diagnosis
• Operating on the wrong body party
• Failure to provide medical care
• Delayed medical care
• Leaving a surgical instrument or another foreign object inside a patient
• Medication overdose
• Wrong medication




Related Web Resources:

Crisis Seen in Nation's ER Care, Washington Post, June 15, 2006

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Posted In: Medical Malpractice , Wrongful Death

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April 15, 2009

Costa Mesa Man Who Fatally Struck Newport Beach Pedestrian Because He Was Texting While Driving is Charged with Felony Count of Vehicular Manslaughter

In Orange County, California, a Costa Mesa man who fatally struck a 32-year-old pedestrian at a Newport Beach crosswalk was arraigned today. Martin Buert Kuel, charged with one felony count of vehicular manslaughter by unlawful act with gross negligence, could end up spending up to six years in prison if he is convicted for the pedestrian accident death of nanny Martha Ovalle.

The deadly Newport Beach pedestrian accident happened on the morning of August 29 while Ovalle was at a crosswalk on Westcliff Drive. She was headed to work when she was hit by an SUV driven by Kuel. Prosecutors say that because the 41-year-old motorist was text messaging, he failed to slow down his vehicle and that's when he struck Ovalle. Kuel is staying at the Orange County jail. 

Texting While Driving
Texting while operating a motor vehicle is considered a very dangerous activity. Not only does it require the driver to take his or her eyes off the road, but also, in many instances, one hand is needed to compose or receive the text, while the other hand must be used to hold the phone. This means that for even just a few seconds, the driver may be operating the vehicle with no hands on the wheel, which could lead to a deadly motor vehicle crash or a fatal pedestrian accident.

According to the Harvard Center of Risk Analysis, about 6% of US motor vehicle crashes each year involve the use of cell phones. This equates to about 636,000 auto accidents, 330,000 injuries, 12,000 catastrophic injuries, and 2,600 fatalities. 

A University of Utah study says texting while driving is 50% more dangerous than talking on a cell phone while driving. The study compares text messaging while driving to drunk driving. 57% of those surveyed say they have texted while operating a motor vehicle. 

In California, it is now illegal to send and receive text messages while operating a vehicle. 

"I Didn't See Her in the Crosswalk," NBC Los Angeles, April 15, 2009


Related Web Resources: 
Cell Phone Driving Laws, Governors Highway Safety Association

Cell Phone Laws, Insurance Institute for Highway Safety


Continue reading "Costa Mesa Man Who Fatally Struck Newport Beach Pedestrian Because He Was Texting While Driving is Charged with Felony Count of Vehicular Manslaughter " »

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Posted In: Motor Vehicle Accidents , Pedestrian Accidents , Traffic Accidents

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April 13, 2009

Anaheim Man Pleads Guilty to California Drunk Driving Death of Senior Motorist

In Orange County, California, Anaheim resident Miguel Angel Gallardo could spend up to 12 years and 8 months in prison for the drunk driving death of Maria Lewis, 71. Gallardo pleaded guilty today to:

• Felony driving under the influence causing great bodily injury.
• Felony vehicular manslaughter by unlawful act with gross negligence while intoxicated.
• Misdemeanor driving under the influence of alcohol. 
• Misdemeanor driving with a blood-alcohol level of .08 percent or more.
• Felony driving with a blood-alcohol level of .08 percent or more causing bodily injury.

The deadly Southern California car accident happened on the evening of April 28, 2008 when Gallardo struck the vehicle carrying Lewis and passenger Teresa Reeger, 76.  Lewis, a Garden Grove resident, was pronounced dead at the crash site, while Reeger survived the California car crash with serious injuries. 

According to prosecutors, Gallardo's BAC was .14 when he was arrested. The legal drinking limit while driving is .08. Just 10 days before the deadly Orange County, California car accident, the 45-year-old Anaheim motorist was caught driving drunk on the I-5 freeway. 


NHTSA 2007 Older Population Traffic Safety Facts:

• 196,000 older drivers (age 65 and up) were injured in US auto accidents.
• There were 5,880 older driver deaths.
• These fatalities made up 14% of all traffic deaths that year.
• 466 of those fatalities occurred in California. 
• In 2006, there were 30 million older drivers with licenses.
• Most motor vehicle deaths involving elderly motorists happened during the daytime.
• 71% of elderly traffic deaths occurred during motor vehicle crashes involving other autos.

If someone you love was seriously injured in a DUI accident, he or she may have grounds to sue for California personal injury. Drunk driving occurs because a motorist was negligent or careless and decided to get behind the wheel of a motor vehicle while intoxicated. This is a senseless way to hurt or kill anyone. 

As an Orange County, California car crash victim or the loved one of someone who died in a California DUI accident, there are ways you can hold all negligent parties liable.

Drunken driver pleads guilty to killing woman, 71, OC Register, April 13, 2009



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April 9, 2009

Los Angeles Angels Pitcher Nick Adenhart Dies in Southern California Hit and Run Car Accident

At 22, he was the Los Angeles Angels' No 3 starter. Early Thursday, just hours after his Wednesday night season debut throwing six shutout innings against the Oakland Athletics, pitcher Nick Adenhart was killed in a deadly California hit and run accident in Fullerton not far from the Angel Stadium in Anaheim.

The fatal Southern California motor vehicle crash occurred after midnight when a minivan ran a red light, striking the Mitsubishi the baseball player was riding in with three other people, as well as another car. Adenhart was pronounced dead following surgery at University of California, Irvine Medical Center. Two other people riding the silver Mitsubishi were pronounced dead at the crash site, and another is in reportedly critical condition. 

The minivan's driver, 22-year-old Andrew Thomas Gallo, fled the California car crash site but was apprehended soon after and booked for possible felony hit and run, driving under the influence, and manslaughter.

Hit and Run Accidents Facts (AAA)
  • Almost 1,500 people/year are killed in hit and run collisions.
  • More than half of hit and run accidents take place on Fridays through Sundays.
  • 47% of hit and run collisions happen after 9pm and before 3pm
  • 14,914 people died in US hit and run accidents from 1994 to 2003.
  • About 11% of police-reported incidents involve at least one hit-and-run motorist fleeing the crash site.
Common reasons why drivers responsible for causing a traffic crash flee the scene:
  • They don't know they are supposed to stop.
  • They are scared.
  • Drunk driving.
  • They may be driving without a license.
  • They may have committed another crime.
  • They may be wanted by police.
Our Anaheim car crash lawyers represent clients who have been seriously injured or lost a loved one in an Orange County, California auto accident. We represent clients with personal injury and wrongful death claims against negligent drivers, reckless drivers, drunk drivers, unlicensed motorist, hit and run drivers, and uninsured drivers.





Related Web Resources:

Nick Adenhart, Major League Baseball



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April 8, 2009

College Hospital of Costa Mesa Ordered to Pay $1.6 Million for Patient Dumping

A civil agreement has been reached between the College Hospital of Costa Mesa and the Los Angeles City Attorney's Office over allegations that the Orange County, California hospital dumped about 150 psychiatric patients at homeless shelters in downtown LA.

Under the terms of the settlement, College Hospital of Costa Mesa and its campus in Cerritos must give $1.2 million to charities that are advocates for the homeless, as well as pay $400,000 in civil penalties. The Orange County hospital is barred from further patient dumping and has a year to set up appropriate policies for discharging all patients. 

The probe into the hospital's misconduct began last year when a 32-year-old psychiatric patient was dropped off at a rescue mission after his boarding facility wouldn't readmit him. He was suffering from bipolar disorder, schizoaffective disorder, and schizophrenia. After spending one night at the shelter, a van from the hospital returned and dropped him off at another shelter. 

According to investigators, when the Orange County, California hospital dropped off its patients at the shelters, the facilities' permission wasn't sought and no one made sure that the patients entered the premises safely. 

Patient Dumping
Not only is patient dumping illegal, but it can be grounds for a California personal injury lawsuit. Just last year a paraplegic man sued another Southern California hospital after he was dumped without a wheelchair. Video footage shows him on the street crawling and wearing a dirty hospital gown while carrying his colostomy bag. The 41-year-old patient also sued the ambulance service that dropped him off.

Other examples of patient dumping include denying a patient medical screening, denying treatment that could stabilize a patient, and inappropriately transferring a patient to a different facility when his or her condition isn't stabilized.

If you were treated at a Southern California hospital or another medical facility and you believe that you were treated negligently or a medical mistake made your condition worse, you may have grounds for filing a California personal injury claim or a medical malpractice lawsuit.




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April 6, 2009

Woman Sues California City of Huntington Beach for Personal Injury Due to Alleged Exposure to Fecal Matter in Public Swimming Pool

In Orange County, California, a woman who says she got sick after swimming in a public swimming pool is suing the city of Huntington Beach for personal injury. Nancy Lee says that because she was exposed to biotoxins, including fecal matter, while having swimming lessons in the pool at 1600 Palm Avenue on January 8, she developed a fever and suffered a seizure and had to go to a hospital emergency room. 

Lee's Huntington Beach personal injury lawsuit contends that exposure to the biotoxins caused her to sustain a blood infection, pneumonia, and have a seizure. She claims that as a result of her injuries, she had to go to the hospital a number of times.

Pool owners and managers are supposed to make sure that their pools are safe and sanitary for use. When failure to properly clean, maintain, or supervise a pool results in injury or death, the victims and/or their families may have grounds for filing a California personal injury claim or a premises liability lawsuit.

Examples of pool-related injuries:

• Excessive chlorine that can lead to eye or skin injuries
• Drowning accidents
• Pool drain injuries
• Slip and fall accidents
• Head injuries 

• Spinal cord injuries
• Neck injuries

Examples of negligence or carelessness that can be grounds for a swimming pool lawsuit:

• Failure to replace the outdated/defective pool drain
• Poor pool lighting
• Lack of life saving equipment
• No lifeguard
• Failure to post warning signs about the different depth levels throughout the pool
• Improperly maintained diving boards
• Unsanitary conditions
• Failure to properly secure pool from young children when there is no supervision
• Inadequate supervision
• Poorly maintained pool or pool area
• Lack of rescue and safety equipment

Unfortunately, thousands of children and adults are injured in pool accidents each year. 

Woman claims public swimming pool made her sick, OC Register.com, April 6, 2009


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April 5, 2009

Santa Ana California, drunken driver who was speeding at about 100 miles per hour is sentenced to 16 years in prison for death of motorist

In Orange County, California a Santa Ana man has been ordered to serve 16 years in prison for the death of another motorist. 33-year-old Marco Antonio Aguilar died in December 2008 after his vehicle was struck by a Chevrolet Tahoe driven by Oscar Omar Guerca on the 55 freeway. 

Guerca was reportedly driving driving drunk and at a speed of about 97 mph when he struck Aguilar's car, which was traveling at around 15 mph because there was a work zone ahead. Witnesses say the 30-year-old Santa Ana driver failed to slow his vehicle or swerve around Aguilar's car, and both motor vehicles ended up moving through several lanes before stopping.

Aguilar died immediately. Guerca reportedly tried to flee the crash site on foot but was detained by an Orange County police officer. 

Test results show that two hours after the crash, Guerca's blood alcohol concentration (BAC) was .13, which is almost twice California's .08 legal limit. 

Aguilar leaves behind a wife and two children. 

Drunk Driving
Drunk driving is reckless driving and increases the chances that the motorist will cause a catastrophic California car accident. A driver whose BAC is .08 is 11 times more likely than a motorist without alcohol in his or her system to get into a single vehicle collision. Tests, however, indicate that even with a lower BAC, drivers began to exhibit signs of impaired driving, including judgment loss, decline in visual faculties, loss of focus, and loss of muscle control. Speech, balance, reason, delayed reaction time, and hearing also can be affected the more a person drinks.  

A Few Drunk Driving Facts (MADD Web site):
• A drunk driver kills one person about every 40 minutes.
• In 2006, more than 1.46 million motorists were arrested for DUI.
• 30% of all Americans will find themselves involved in an alcohol-related crash.
• On average, a person arrested for drunk driving for the first time will likely have driven drunk about 87 times before he or she is finally arrested.
• About 159 million drunk driving trips occurred in the US in 2002.

If someone you love died in an Orange County, California drunk driving accident, you may be entitled to wrongful death recovery. 



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April 3, 2009

Rancho Santa Margarita Plant Explosion Kills Two Workers and Injures Two Others

In Orange County, California, investigators are trying to determine what caused an electric heater at a Rancho Santa Margarita factory to explode. The March 19 work blast killed two workers and injured two other night shift employees. 

The blast was so powerful that it cracked the building's concrete walls and seemed to have caused the water heater to soar through the roof of Solus Industrial Innovations, located on Aventura Avenue. The two workers that died are 51-year-old Garden Grover resident Jose Jimenez and 34-year-old Oceanside resident Isidro Echeverria. 

According to the California Department of Industrial Relations, water heater blasts in industrial settings are not that common. The standard residential-type water heater that exploded was being used for industrial purposes. While the building's yearly fire inspection was current, the water heater may not have been part of the safety check.

In 2005, there were 253 fatalities involving California industrial accidents. 14 workers were killed in fires and explosions at manufacturing facilities or other work places that year.

Workers' Compensation and Third Party Lawsuits
If someone you love died in a California work accident, you may be entitled to workers' compensation death benefits. These are provided to certain family members regardless of who was at fault in causing the work injury. 

While workers' compensation law prevents injured parties and decedents from suing the employer for California personal injury, there may be other parties that can be held liable for the injury accident. An experienced Orange County, California personal injury law firm can help you explore all avenues of recovery, as well as make sure you receive all of your workers' compensation benefits in a timely manner.

Common Causes of Industrial Accidents, include:

• Radiation
• Fires
• Toxic gas
• Chemical spills
• Defective machinery or equipment
• Human error
• Structural collapse
• Overexertion
• Electrical accidents
• Exposure to harsh temperatures
• Exposure to toxic or other harmful substances


Two killed in Orange County factory explosion, Los Angeles Times, March 21, 2009


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April 2, 2009

Los Angeles County Truck Accident Kills Father and Daughter and Injures 12 Others

In Los Angeles County, police have taken into custody and booked big rig truck driver Marcos Costa with one count of felony reckless driving and one count of gross vehicular manslaughter.  The 43-year-old was apprehended for his role in a deadly Southern California truck crash that occurred during rush hour in La Canada Flintridge on Wednesday.

Costa reportedly lost control of his car hauler on Highway 2 while trying to navigate a turn at the intersection of Angeles Crest Highway and Foothill Boulevard. His double-decker trailer, which was carrying cars, struck five other vehicles before driving into a bookstore and crashing into a nail salon, where it pinned the owner. A wine store and a small strip mall building also sustained damages.

12 people were injured in the Los Angeles County multi-vehicle crash. Meantime, Palmdale resident Angel Jorge Posca and his daughter Angelina died at the scene. Their car had been pushed 150 feet during the truck collision.

Costa is cooperating with authorities. He reportedly had come over the San Gabriel Forest and onto Angeles Forest Highway where trucks are not allowed in certain areas. There were also signs along the road notifying semi-trucks that they were banned. Trucks, however, are allowed in the area where the deadly collision happened. 

The truck driver reportedly told police he took this route because it was designated by GPS as the shortest route. He says he would have chosen a different route if he'd known he was going to be driving on a windy, mountainous road but that it was too late to turn around once he got on the highway. He also says that there may have been a problem with his brakes right before the accident happened.

In September 2008, another large truck that was experiencing brake problems struck a number of  motor vehicles close to the intersection where Wednesday's accident happened. City officials have contacted the Department of Transportation to complain about the safety issues at this intersection. 

Large Truck Crashes
Large truck accidents can result in catastrophic injuries for pedestrians and other motorists. According to the National Highway Traffic Safety Administration, 75% of people who die in large truck accidents were occupants of the other vehicles. 2% of the truck crash victims were not in a truck or the other vehicle involved in the collision. Out of every nine traffic deaths, one death will have occurred during a large truck accident.

Truck driver arrested in deadly La Canada crash, Los Angeles Times, April 2, 2009



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Posted by Howard | Nassiri, PC | | Email This Post

Posted In: Motor Vehicle Accidents , Traffic Accidents , Truck Accidents

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