August 2009 Archives

August 31, 2009

Newport Beach Boating Accident Injures Three at Crystal Cove

Three people were injured at Crystal Cove off of Newport Beach on Sunday when a powerboat crashed into a reef. The vessel almost sank from the hull damage.

The Orange County, California boating accident involving the Anna Jane occurred a couple of hundred yards from shore in Split Rock, an area of Crystal Cove. The three people who were injured sustained bruises and cuts.

The powerboat sustained serious property damage, but officials were able to pump the water out fast enough so that the vessel could be taken to a shipyard. Investigators are looking into the cause of the Newport Beach boating accident.

The US Coast Guard recently issued its 2008 Boating Statistics, including:
• There were 4,789 boating accidents last year.
• 709 people died. Drowning was a factor in more than 2/3rds of deaths.
• 3,331 others were injured.
• The vessels involved in the recreational boating accidents sustained $54 million in property damage.
• 90% of boating fatalities involved operators that did not receive boating safety instruction.
• 5 leading contributing factors to boating accidents: operator inattention, operator inexperience, careless operation, skier/passenger behavior, and failure to keep a proper lookout.
• Alcohol was the number one contributing factor in deadly boating accidents.
• Motorboats, personal watercraft, and cabin motorboats are the vessels most commonly involved in boating accidents.

Common kinds of boating accidents:
• Capsizing
• Collisions with other vessels or floating/fixed objects
• Electrocution
• Ejection from vessel
• Fall accidents in vessel
• Falls overboard
• Fires
• Explosions
• Flooding
• Sinking
• Grounding
• Skier accidents

While the shores off of Orange County, California are an ideal place to swim and boat, accidents do happen--especially during the busy summer months. If you or someone you love was injured in a recreational boating accident in Newport Beach, Huntington Beach, Laguna Beach, or another beach area in Orange County, California, you or your loved one may have grounds for filing a personal injury lawsuit.

3 injured after boat hits reef at Crystal Cove, OC Register, August 17, 2009

2008 Boating Statistics, US Coast Guard (PDF)


Related Web Resources:

Crystal Cove State Beach, Beach California

Boating Accidents, Justia

Continue reading "Newport Beach Boating Accident Injures Three at Crystal Cove" »

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August 28, 2009

California Supreme Court Decides Not to Hear Case Appealing Medical Malpractice Cap on Noneconomic Damages

Earlier this month, the California Supreme Court announced that it has decided not to hear a case that is seeking to overturn the state's cap on noneconomic damages for medical malpractice lawsuits.

In 2007, a California jury had awarded James Van Buren $2.5 million in noneconomic damages for injuries he sustained during a perianal cyst operation. The surgeon accidentally severed a muscle and, as a result, Van Buren now suffers from permanent fecal incontinence and must use diapers for the duration of his life. Van Buren's California medical malpractice team had argued that not only had his quality of life been compromised, but also he has had to deal with emotional trauma and embarrassment as a result of the injury he sustained from the botched surgery.

Because of California's Medical Injury Compensation Reform Act, Van Buren's noneconomic damages award was lowered by 90%. Currently, there is a $250,000 cap for pain and suffering. Van Buren appealed this outcome.

The 5th District Court of Appeal upheld the cap's constitutionality. While those who support the California medical malpractice cap says the limit helps clinicians stay in business, critics believe that the cap violates the rights of victims.

California Medical Malpractice
Our Orange County, California medical malpractice lawyers are aware of the physical and emotional trauma that can result from becoming the victim of a botched surgery, a wrong diagnosis, a delayed diagnosis, or some other form of medical carelessness or negligence. Many medical mistakes can lead to catastrophic consequences for the victim.

You are entitled to the financial recovery that you are owed so you can live the best quality of life possible under the circumstances. Surgical errors can lead to infections, medical complications, permanent injury, emotional trauma, chronic pain, pain medication abuse, and death.

Although it is impossible to quantify your suffering, with the help of an experienced Orange County, California medical malpractice law firm, you can hold all negligent parties liable and obtain the resources that you require to recover.

California Supreme Court denies malpractice cap appeal, Clinical Advisor, August 18, 2009

California Medical Malpractice Damages Cap Challenge Refused, About Lawsuits, August 17, 2009


Related Web Resources:
">">Medical Malpractice and Surgical errors/complications, Wrong Diagnosis

California's Medical Injury Compensation Reform Act (MICRA), San Diego County Medical Society

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August 26, 2009

Long Beach Woman Files Claim Against Newport Beach for Alleged Police Sexual Assault

A 23-year-old Long Beach, California woman has filed a claim against the city of Newport Beach because she says that police fondled her during a search. Her Orange County, California police brutality claim is seeking at least $1 million for the severe emotional trauma that she experienced as a result of the February 21, 2009 incident.

The plaintiff says that at around 10:30 at night, a Newport Beach cop signaled her to stop her car even though she had not broken any traffic laws. When she rolled down her window, she says the police officer used a threatening tone of voice to ask her where she was from. She says he yelled at her, demanding she identify her nationality.

The plaintiff says she "politely" told him she was American and he shined a flashlight beam into her face. After appearing to examine her face, she says he sardonically said, "Sure.. you're white!" He asked her to exit her vehicle and arrested her without probable cause. He then made her sit in the back of his car.

She says that the cop and the other officers who were there laughed when she said the handcuffs hurt. She claims she was interrogated for hours and underwent a very humiliating and invasive physical search. She that says one cop "felt" her up in a way that made her feel as if she were the victim of sexual assault. She says the police officer pressed his body close to her body while breathing heavily on her neck.

The plaintiff says that she was placed in a Newport Beach jail cell until a friend was able to secure a bail bond for her. She claims the cops never told her about her rights while they detained her.

Police Brutality
Arresting someone without probable cause is considered a false arrest and can be grounds for a police brutality lawsuit if there is evidence that the police officer exceeded his or her authority and abused power to make the arrest. False arrests are also a violation of an American's Fourth Amendment rights.

Police officers must abide by strict rules when doing their job. They are not allowed to use excessive force, verbal abuse, or sexually assault or fondle a suspect or anyone else for that matter.

Police brutality can be grounds for an Orange County, California personal injury claim or lawsuit.

Woman claims cops sexually assaulted her, Daily Pilot, August 26, 2009

Related Web Resources:
Newport Beach Police

City of Newport Beach

Police Brutality Info

4th Amendment, LectLaw.com

Continue reading "Long Beach Woman Files Claim Against Newport Beach for Alleged Police Sexual Assault" »

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August 24, 2009

California Wrongful Death?: Search Affidavit Reveals that Michael Jackson Died of "Lethal Levels" of Propofol

This just in from a story that our Orange County, California wrongful death lawyers have been following: A search warrant affidavit that was unsealed today reports that Michael Jackson died of "lethal levels" of propofol, which is a powerful anesthetic.

The documents say that Murray was treating the singer for insomnia and had been administering to him 50 milligrams of propofol every night through an intravenous line. The doctor has told investigators that he was afraid Michael was becoming addicted to the drug and tried to wean him off it by lowering the dosages he would administer and mixing in midazolam and lorazepam, two other sedatives. He says that two days before the singer's death, he gave him the two sedatives without propofol.

Murray says that on the morning of the singer's death, Murray attempted to get him to sleep without propofol. He at first gave him valium and then later lorazepam via injection. He then administered midazolam and then other drugs. Murray says he finally gave Jackson 25 milligrams of propofol at about 10:40 that day because the singer demanded it. Prescription medications found in Michael's house included tamsulosin, tamzepam, lorazepam, trazodone, clonazepam, and tizanidine.

Jackson died on June 25 in Los Angeles from cardiac arrest. He was 50.

Medical Malpractice
Physicians are responsible for providing patients with a certain quality of care. They are not supposed to overmedicate a patient or enable their drug addictions even when they are hired as someone's personal physician. If a doctor acts negligently by administering too much medication to a patient, the consequences can be lethal and the physician could be held liable for California medical malpractice.

Jackson's mother, Katherine Jackson, has been considering filing a California wrongful death lawsuit over her son's unexpected demise and there is a chance that Murray could be named a defendant.

Jackson was getting ready for his "final" tour at the time of his death and there are concerns that the rehearsals were taking a toll on his health. Katherine Jackson's attorney has yet to confirm or deny whether concert promoter AEG might be named a defendant if there were to be a civil case.

'Lethal levels' of anesthetic propofol killed Michael Jackson, Los Angeles Times, August 24, 2009

Jackson's mother considering wrongful death suit, Los Angeles Times/AP, August 19, 2009


Related Web Resources:
Medical Malpractice Overview, Justia

Michael Jackson, Dead at 50, Rolling Stones

Continue reading "California Wrongful Death?: Search Affidavit Reveals that Michael Jackson Died of "Lethal Levels" of Propofol" »

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August 21, 2009

Orange County, California Pedestrian Accidents Cause Injuries in Anaheim, Costa Mesa, and Irvine

An Anaheim pedestrian accident in front of Palm Lane School has left a woman injured. The woman was crossing the street early this the morning when a Chrysler PT Cruiser struck her. Fortunately, according to an Anaheim fire captain, the car struck a parked truck first before hitting woman and the initial impact likely slowed the speed of the PT Cruiser before it hit her.

As of Wednesday, the Daily Pilot is reporting that an 11-year-old pedestrian who was injured in a Costa Mesa pedestrian accident is still in critical condition. Konrad Osgood has been experiencing bleeding in his brain after he and a 8-year-old boy, Antonio Fair, were hit by a car on Tuesday night.

The two of them were crossing the street with six other kids and two adults. They were headed to Wilson Park. According to police, the two adults were supervising the eight kids and were standing at the island that divides opposite lanes of traffic on Wilson Street when the two boys ran ahead into traffic. Newport Beach driver Ariel Claudio Mendozo, who was driving his car at about 25 mph, hit the two boys.

Last Friday, 75-year-old Ali Panahi died from injuries he sustained in an Irvine pedestrian accident that occurred in the afternoon at the intersection of West Yale Loop and Barranca Parkway. He was struck by a woman driving a Hyundai Accent. Witnesses are being sought to help determine what caused the Orange County, California traffic accident.

620 people died in California pedestrian accidents last year. That figure doesn't include the number of pedestrians who survived being hit by a car, bus, motorcycle, or truck with injuries. Because pedestrians have no protection whatsoever from the impact of getting hit by any kind of motor vehicle--especially one moving at a rapid speed--the consequences are frequently catastrophic and the medical expenses and recovery costs can be high.

Pedestrian hit by car in front of elementary school, OC Register, August 21, 2009

Boy still in critical condition, Daily Pilot, August 19, 2009

Elderly man dies after Irvine traffic collision, OC Register, August 15, 2009

Related Web Resources:
Traffic Safety Performance (Core Outcome) Measures* For California, NHTSA

Pedestrian & Bicycle Safety, FHWA Safety

Continue reading "Orange County, California Pedestrian Accidents Cause Injuries in Anaheim, Costa Mesa, and Irvine " »

August 20, 2009

San Bernardino County, California Auto Products Liability Lawsuit Blames Ford Motor Co. for Tire Defect that Caused SUV Rollover Accident Victim to Sustain Spinal Cord Injury

In August 2007, Griselda Bernardino and several other people were injured in an SUV rollover crash in San Bernardino County, California. According to the plaintiffs' San Bernardino County, California auto products liability complaint, the catastrophic motor vehicle crash happened because the tread separated from the SUV's left rear tire. As a result of the tire defect, Bernardino lost control of the Ford Expedition and the SUV rolled over.

Bernardino sustained permanent spinal cord injuries and crushing head injuries. Also injured in the San Bernardino County SUV accident were Alonso Martinez, Ayari Martinez, Melani Elizardi, Diana Orozco, and Bianca Orozco. They were all ejected from the vehicle and sustained serious injuries. The latter three are minors. The five of them are also plaintiffs in this California personal injury case. There were other passengers in the SUV who were partially ejected and also were hurt.

The defendants in the San Bernardino motor vehicle crash case are Ford Motor Corporation, TRW Vehicle Safety Systems, Continental Tire Corporation, Beceril Tire Shop, and Chino Hills Ford. The plaintiffs claim that the SUV, made by Ford and purchased at Chino Hills Ford, did not properly protect them during the California rollover accident.

The SUV did not have Electronic Stability Control, which was already available when the auto accident happened. The plaintiffs say that ESC could have allowed Bernardino to stay in control of the vehicle. They also allege that the safety restraint system in the vehicle was defective and dangerous (alleged defects included inertial unlatching, retractor failure, false latching, inadvertent unlatching, and lack of pretensioners) and that the plaintiffs knew that these systems and parts could fail.

Other defects in the SUV noted by the plaintiffs include the lack of side curtain air bags, the windows' defective tempered glass, the driver's side door latch, and the SUV's seat backs and seats. They also say that the SUV's pillars, roof rails, and windshield headers were not built to withstand the weight of the Ford Expedition when it rolled over and the roof crushed inward.

The decision to use Continental ContiTrac SUV tires on the Expedition, say the plaintiffs, was a dangerous choice for a vehicle that nonprofessional motorists would drive.

Some Catastrophic Injuries that Can Arise During SUV Accidents:

• Spinal cord injuries
• Crushed bones
• Burn injuries
• Traumatic brain injuries
• Broken bones
• Internal injuries
• Death

Frontline Rollover, PBS

Related Web Resources:
NHTSA


Safercar.gov

Ford Motor Company

August 19, 2009

Preventing California Drunk Driving Accidents: "Real Housewives of Orange County" Husband Arrested for Possible DUI

According to the Orange County Sheriff's Department, Matthew Lon Keough, the husband of a cast member of the "Real Housewives of Orange County" and a former All-Star MBA pitcher, was apprehended at his home in Coto de Gaza on Saturday on suspicion of drunk driving and evading arrest. According to police, Keough, 54, was seen driving through a stop sign and did not stop even when cops flashed their lights at him. They followed him home and arrested him there.

Per results from a blood test, Keough's blood alcohol level was almost four times the .08% legal limit at approximately .29%. He was released from the men's jail in Santa Ana at around 1am on Sunday after posting bail.

Driving with a blood alcohol level that high is extremely dangerous and our Orange County, California car accident lawyers are relieved that Keough did not injure anyone when he was driving home on Saturday. In 2005, however, he pleaded guilty to felony DUI charges after he ran a red light and his sport utility vehicle struck another SUV in a Rancho Margarita auto accident. A man who was walking his bicycle while crossing the street was injured. Keough left the Rancho Santa Margarita car accident site and by the time police found him more than three hours later, his BAC was 2 ½ times the legal limit.

While binge drinking is often associated with young people, especially college students, Keough's arrest is an example of what a recent study tells us--that older adults can be prone to overindulging when it comes to alcohol.

A new survey--its findings can be found in the American Journal of Psychiatry--reports that out of almost 11,000 Americans who participated, 23% of males and 9% of females, ages 50 - 64, admit that they engaged in binge drinking within the past month of when they took the survey. Binge drinking involves drinking at least five drinks during one occasion.

Obviously, the more drunk a person is, the more likely he or she is to cause a deadly Orange County, California car accident. Between August 21 and September 7, 2009, California police officers and other law enforcement officers throughout the US will take part in an aggressive campaign to arrest anyone who is driving drunk. The initiative comes at an important time--the end of the summer holidays, the beginning of the new school year, and the Labor Day weekend. The campaign is called Drunk Driving. Over the Limit. Under Arrest.

US Drunk driving accidents cost almost 12,000 lives last year. Drunk drivers should be held liable for Orange County, California wrongful death or personal injury if they accidentally injure or kill another person.

'Real Housewives' husband arrested on suspicion of DUI, OC Register, August 19, 2009

Binge drinking a problem for older adults too: study, Reuters, August 17, 2009

Related Web Resources:
American Journal of Psychiatry

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving, NHTSA, August 19, 2009

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August 18, 2009

Number of Orange County, California Motorcyclist Deaths Rose in 2008

According to the National Highway Traffic Safety Administration, there were 36 Orange County, California motorcycle deaths last year--a 44% increase from the 25 motorcycle fatalities that occurred in Orange County in 2007. This increase becomes even more significant number-wise when you consider that there were less total traffic deaths--163 fatalities in 2008--compared to the 194 Orange County, California motor vehicle deaths in 2007.

The California Highway Patrol says the common causes of motorcycle accidents in the state include:
• Improper turning
• Riding at an unsafe speed
• Improper passing
• Unsafe lane changes
• Lane splicing

California is the only US state that doesn't ban lane splitting, which involves a motorcycle driving between two lanes of traffic. Under California law, lane splitting is allowed as long as the maneuver is done safely. The California Department of Motor Vehicles handbook for motorcycle riders, however, acknowledges that lane splitting is not safe.

Last Wednesday, motorcycle rider Jason R. Doerr was killed on the 405N at the 22 freeway when his 2006 Harley-Davidson bumped into a Toyota Matrix. Doerr fell off his bike and was run over by a Buick sedan. He died at the crash site. The California Highway Patrol believes that Doerr was lane splitting when the catastrophic Orange County, California motorcycle crash happened.


Lane Splitting
Lane splitting can be dangerous because it allows motorcycles and cars to travel at such close proximity to one another. This gives both drivers less time and space to maneuver to avoid a potential traffic accident. Although it may seem that the motorcyclist would be held responsible for the motor vehicle crash by choosing to split lanes, there are cases when Orange County, California traffic accidents involving lane splicing were caused by a trucker or a car driver or a bus driver who acted negligently.

Motorcyclists reflect on lane-splitting after death, OC Register, August 17, 2009

CHP: Rider killed in crash may have split lanes, OC Register, August 12, 2009

Motorcycle Accidents: Lane Splitting, Nolo

Related Web Resources:
NHTSA

California Motorcycle Handbook, DMV (PDF)

Continue reading "Number of Orange County, California Motorcyclist Deaths Rose in 2008" »

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August 15, 2009

After California Tractor-Trailer Accident Kills Four Relatives, Family Sues Trucker Accused of Hit and Run for Wrongful Death and Personal Injury

A woman who survived a catastrophic California truck accident with injuries is suing the tomato truck driver and his employer for personal injury. Concepcion Lopez is the only person who survived the August 3 hit and run accident that claimed the lives of the four men who were riding in a Honda Civic with her. One of the men was her husband and another victim was her brother. She was also related to the other two victims. The family members of the other car crash victims are also suing for their wrongful death.

According to the California Highway Patrol, the deadly collision occurred when 35-year-old truck driver Hernesto Escalante allegedly ran a stop sign, crashing into the compact car. His big rig was pulling two trailers that were carrying tomatoes and the Honda ended up beneath one of the trailers. The four men in the car, Nelson Nunez, Lifredo Lopez, Angel Nunez, and Jose Menjivar, died immediately.

According to witnesses, Escalante initially stopped the truck accident site to check the vehicle but then got back in his truck and drove off. He was later apprehended and taken to jail. He pleaded not guilty to the criminal charges of leaving a crash site and vehicular manslaughter.

The plaintiffs are seeking burial costs and other compensatory and punitive damages. Also named as defendants in the California wrongful death lawsuit are Panella Trucking Company and Ralph Panella, who is the owner of the trailer and the truck.

Hit an Run Drivers
Any driver involved in a California motor vehicle crash is supposed to stop at the accident scene. The motorists involved are supposed to check the vehicles for damage and also make sure no one is hurt. In the event that someone is hurt, then emergency personnel need to be contacted. Drivers who leave the crash site or fail to stop can be charged with leaving an accident site. If the hit and driver caused the California car crash, he or she could be held liable for personal injury.

Family of Hit and Run Victims Take Legal Action, ABClocal.go.com, August 7, 2009

4 victims ID'd in alleged hit-run near Five Points, Fresno Bee, August 4, 2009

Related Web Resources:
Panella Trucking

Hit and Run, Deadly Roads

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August 14, 2009

Fountain Valley, California Bus Accident Injures Five

Five people were transported to the hospital on Monday following an Orange County, California bus accident in Fountain Valley. Four of the bus accident victims were bus passengers. A number of bus passengers were wearing neck braces when they got off the bus.

The Fountain Valley bus accident happened at around 1:30pm when an Orange County Transportation Authority bus and a BMW collided at the corner of Harbor Boulevard and Heil Avenue. The bus was heading north on Harbor when the BMW 4-door sedan pulled out onto the street.

The BMW sustained damage to its rear while its front left quarter panel was smashed. One person riding in the BMW was also taken to the hospital. The five California bus crash victims complained of neck and back pains.

Bus Accident Facts
Bus crashes can cause serious injuries to passengers. Commercial buses general don't come with a seat belt installed in each passengers seat, which means that passengers don't have anything to restrain and protect them from the impact that can occur if a bus collides with another vehicle.

A good way to find out whether you have grounds for filing an Orange County, California bus accident lawsuit is to speak with an experienced Fountain Valley personal injury law firm about your case.

In other Orange County, California accident news this week, a Fountain Valley resident was convicted for criminal charges related to the deadly traffic accident that claimed the life of Santa Ana resident Richard Lauvao. Prosecutors claimed that the driver, Kenny Minh Phan, acted consciously and recklessly when he ran a red light right before crashing into another car. Phan then left the Santa Ana, California crash site, leaving Lauvao there with fatal injuries. Lauvao's seat belt nearly decapitated him.

DNA evidence allowed investigators to later apprehend Phan, who yesterday was convicted of felony hit-and-run causing injury and misdemeanor vehicular manslaughter for leaving the scene.

Hit-and-run driving, running a red light, failing to stop at a stop sign, speeding, texting while driving, and failure to yield, are all traffic violations that are against the law. When when someone gets hurt because another party commits one of these violations, the injured person may be able to sue the negligent motorist for Orange County, California personal injury.

Man convicted of fleeing after fatal traffic accident, OC Register, August 14, 2009

Five injured in bus crash, OC Register, August 10, 2009

Related Web Resources:
Hit and Run Accidents, Deadly Roads

Orange County Transportation Authority

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August 13, 2009

Deadly Police Pursuit Leads to California Car Accident that Kills 5 Children from One Family and 3 Teenagers

A couple has lost all five of their children in a deadly California car accident. Carlos and Jennifer Salazar were riding in a pickup truck with their five kids, all of them younger than age 8, on Saturday afternoon when the vehicle they were riding was struck by a speeding car traveling at close to 80 mph that was fleeing from a police officer. Four of the couple's five kids were thrown from the vehicle.

Carlos, 29, sustained internal injuries, a concussion, and broken bones. His wife Jennifer, 26, shattered her pelvis and her ankle and injured her face. The couple and their kids, 8-year-old Eric, 7-year-old Jochelyn Grace, 4-year-old Monique Janae, 3-year-old Michael Alexander, and 1-year-old Sienna Rose, were not wearing seat belts or using child safety seats.

Events leading to the tragic California car crash began unfolding just before 2pm when Dinuba Police Officer Marcus Nunes saw a speeding Dodge Neon run a stop sign. He began pursuing the car, which soon after ran another stop sign. The vehicle then struck the pickup truck carrying the Salazar family.

Three teenagers who were riding in the speeding vehicle, Oscar Esparza, 17, Richard Carrasco, 16, and Arthur Rivas, 19, all died from the injuries they sustained in the California car accident.

Police would later discover that the teens had been riding in a stolen car belonging to 26-year-old David Sperl who was mugged earlier that day. The robbers had held him up at gunpoint and demanded his wallet, cell phone, and car.

Meantime, Nunes has been placed on paid administrative leave. There are reportedly many factors Dinuba police officers must consider regarding whether or not it is safe to continue pursuing a suspect. However, the city's police department has no speed limit for police pursuits.

Deadly Police Pursuits
Deadly police pursuits can prove fatal not only for the parties involved in the chase, but for innocent bystanders riding in cars and walking on the road who just happened to be at the wrong place at the wrong time. Police officers must exercise caution when pursuing anyone so that nobody gets hurt.

If someone you love was killed in an Orange County, California car accident because another party was reckless or negligent, you may have grounds for filing a wrongful death case.

Salazar Family Coping With Unthinkable Tragedy, ABC Local Go, August 11, 2009

Police chase leads to 8 deaths in California, AP, August 11, 2009

Related Web Resources:
Deadly Chases, Voices Insisting on Pursuit Safety

AMW Safety Center

Continue reading "Deadly Police Pursuit Leads to California Car Accident that Kills 5 Children from One Family and 3 Teenagers " »

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August 11, 2009

Distracted Driving Forum to Address Dangers of Texting, Cell Phone Use, and Other Bad Driving Habits

While multi-tasking can be an admirable habit when your working in an office or trying to complete chores at home, trying to accomplish too many tasks at once can prove dangerous when your driving a motor vehicle. Texting, talking on the cell phone, putting on nail polish, watching a video, reading a book, surfing the Internet, or eating might all seem like harmless activities--yet do any of these activities while driving and you increase the chances that you may be involved in a deadly Orange County, California motor vehicle crash.

Distracted driving-related accidents are happening so often that almost every week there are news reports of people getting hurt or dying because another driver was texting, talking on the phone, or engaged in another activity while driving. Now, the federal government has decided to hold a "distracted driving" summit to address this problem. US Transportation Secretary Ray LaHood has compared distracted driving to drunk driving and that just as people got tired of seeing loved ones killed in drunk driving accidents, they now had enough of motorists risking other people's lives because they refuse to stop texting or using a cell phone while driving.

The federal government's stance is a definite change from several years ago when the National Highway Traffic Safety Administration held back information and evidence it had that thousands of people were dying every year because of cell phone use--both hands-free or handheld--and other forms of distracted driving.

Even now, many US states still don't have laws regulating cell phone talking or text messaging. And while some states, such as California, do ban drivers from talking on hand-held cell phones and texting, now studies are revealing that just because you aren't holding the device doesn't mean you are any safer.

A recent AAA Foundation for Traffic Safety poll reported that although 87% of motorists think that texting or emailing is a dangerous activity to do when driving and 58% of motorists think talking on a cell phone is not a safe driving activity to engage in. Yet, despite this knowledge, 67% of drivers admitted to recently talking on the phone and driving at the same time, while 21% had recently texted while driving.

Our Anaheim, California personal injury lawyers are aware of the fact that despite state laws, there are still drivers out there that continue to text and talk on the phone while driving. If you were injured in an Orange County, California car crash because of a distracted driver, a drunk driver, or any other kind of negligent driver, you may have grounds for filing a personal injury lawsuit or wrongful death complaint.

Federal Agency Plans Distracted Driving Forum, NY Times, August 4, 2009

Distracted Driving the Top Reason that 35 Percent of Drivers Feel Less Safe than Five Years Ago, According to the AAA Foundation, AAA, July 27, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

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August 7, 2009

California Nursing Home Fined $50,000 for Patient's Choking Death

The California Department of Public Health is fining the Tustin Care Center $50,000 for a resident's choking death. The patient died last March because he choked while having lunch.

The California nursing home reportedly saw that the patient was becoming weaker but still let him eat regular meals without assistance. State health officials say the assisted living facility neglected to properly evaluate the resident's eating abilities and that this was a direct cause of his death.

Autopsy findings show that the food had completely blocked the resident's trachea. He had been eating rice and soup.

California nursing homes are supposed to make sure that they are familiar with each resident's diet and feeding needs. While some residents can eat different kinds of foods and feed themselves on their own, other patients may have health issues that require that their food and drink be strictly monitored. Some patients may have lost the ability to feed themselves on their own. They may need help placing the food in their mouths or their food may need to be ground up or turned into liquid so that they don't choke.

Nursing homes are required to carefully monitor residents' feeding plans and revise them as needed. It is also important that regardless of a resident's physical or mental issues the patient get the nutrition he or she needs and is properly hydrated.

In the event that a nursing home neglects to properly care for a resident and the patient ends up losing too much weight, suffering from malnutrition or dehydration, gets sick, chokes, or dies, you need to contact an Orange County, California nursing home neglect law firm about your case.

Our Anaheim nursing home negligence lawyers know how frustrating it can be to entrust the care of your loved one to a California assisted living facility only to find out that your family member would have been better off not staying at the nursing home. Orange County, California nursing homes can be held liable for personal injury or wrongful death.

Tustin nursing home fined $50,000 by state, The Sacramento Bee, July 29, 2009

Nursing home fined $50,000 in choking death, OC Register, July 28, 2009

Related Web Resources:
California Department of Public Health

California Healthcare Foundation

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August 6, 2009

The Perils of Teen Drunk Driving: Teenager Convicted of Murder in Fatal Orange County, California Car Accident

A North Tustin teenager has been convicted of second-degree murder for the death of a classmate in a deadly Orange County, California drunk driving accident.

18-year-old Milad Moulayi could end up serving a life in prison sentence for causing the Santa Ana, California car crash that killed 16-year-old Mackenzie Frazee. The fatal car accident occurred on August 28, 2008.

Just hours before the deadly accident, a juvenile court judge told Moulayi that driving required a great deal of responsibility. Moulayi's learner's permit had been revoked and he was not licensed on the night of the crash.

Reportedly just minutes before the deadly Orange County, California motor vehicle accident, several friends told him he was too drunk to drive and a number of friends would not get into the car with him. Frazee, however, decided to ride with him because she was in a hurry to get home.

An accident reconstruction expert testified in court that the 18-year-old driver was driving his mother's car at speeds of over 100 mph on Newport Avenue in Tustin. He then drove over the center median before hitting two road signs and driving into a concrete light pole.

The impact of the crash cut the car in two. Frazee died due to massive blunt-force trauma. Moulayi's blood alcohol level was .11%--above the legal driving limit.

Drunk driving is negligent driving and can be grounds for an Orange County, California personal injury or wrongful death case--regardless of whether or not the drunken motorist is an adult or a teenager. Our Santa Ana, California car accident lawyers know how hard it is to lose a loved one for any reason--let alone a senseless reason such as a drunk driving crash. We are committed to helping victims and families obtain their financial recovery.

Teen Drunk Driving Facts:

• The NHTSA says that there were 1,393 teen drunk driving accidents in the US in 2007.
• 28% of teenagers killed in US car accidents either drank alcohol either before they got behind the steering wheel of the car or while they were driving.
• 40% of alcohol-related deaths were caused by drunken teen drivers.

Teen driver convicted of murder in alcohol-fueled crash, OC Register, August 6, 2009

Teen driver indicted on charges of murdering 16-year-old girl while speeding over 100 mph under the influence of alcohol, Orange County DA, October 22, 2008

Teen Drinking and Driving Facts - Teenage Drunk Driving Statistics, Buzzle.com


Related Web Resources:

Teen Drivers, CDC

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August 4, 2009

Mission Viejo SUV Roller Crash on I-5 in Orange County, California Claims the Lives of Five People

Five people were burned to death after the SUV that they were riding in fell down a steep embankment on I-5 South in Mission Viejo and exploded into flames. Witnesses think that the driver may have lost control of the vehicle because a tire blew out.

The SUV, a Chevrolet Tracker, reportedly rolled over at least twice before crashing through a fence, striking a tree, and landing on its roof behind the El Paseo shopping center. Police say the bodies of the victim were burned beyond recognition.

Tire Blowout
Tire blowouts are one of the common cause of Orange County, California rollover crashes. A tire blow out might happen if a tire is defective or worn out.

Many tire blowouts that happen could have been prevented if only the tire manufacturer had not created a defective tire or a maintenance shop did not improperly inspect a tire or make a mistake by mismatching tires. SUV's are more likely to rollover during a tire blowout.

The hot weather during the summertime can increase the chances of a tire blowout becoming happening. Excessive heat on the hot roads, combined with braking often, driving at high speeds, friction, and too much cornering can cause the tire to heat up.

Yesterday, another one-car accident--this one, an eyewitness believes was caused by tire tread separation--injured 12 people who were riding in an SUV designed to carry 9 people. Three of the victims were children.

While tire manufacturers, auto repair shows, tire stores, and tire maintenance repair workers must make sure that they don't make, sell, or install defective tires, the driver of the vehicle also needs to make sure that he or she is taking steps to decrease the chances of a tire blow out so that other people don't get hurt.

Drivers need to check to make sure there is enough air pressure in their tires and ensure that there aren't any thread or sidewall cracks. A good way to do this is to make sure that your vehicle is up-to-date on regular maintenance appointments.

Tire blowouts, defective air bags, faulty seatbelt systems, and SUV rollover accidents are just some of the kinds of auto products liability cases that our Orange County, California personal injury law firm handles.

5 killed in single-vehicle accident in Orange County, LA TImes, August 4, 2009

Woman Dead, 11 Others Injured After Possible Tire Blowout, Las Vegas Now, August 3, 2009

Related Web Resources:
Extreme Heat Can Cause Tire Blowouts, StarTribune, June 27, 2009

How to Prevent a Tire Blowout

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