California Injury Lawyers Blog

Two parents and their young children died on Saturday night when a Mini Cooper that ran a red light struck the minivan they were riding. The names of the family members who died in the tragic California car accident are 45-year-old Johnathan Maloney, his 42-year-old wife Susan and their two young children, 8-year-old Aiden and 5-year-old Grace. All four of them were killed upon impact and were pronounced dead at the crash site. The Maloneys had just returned from vacationing in Maui.

According to California police, the driver of the Mini Cooper, 19-year-old Steven Culbertson, first struck a car that was stopping for the red light at the Highway 37 and Lakeville Highway intersection before crashing into the minivan and pushing it into a Mitsubishi Gallant. Three people in the sedan were treated at the hospital for their moderate injuries before they were later released.

Culbertson was seriously injured in the multi-vehicle crash. His life-threatening injuries included serious head injuries. He was pronounced dead on Sunday afternoon. Authorities are trying to determine whether alcohol played a role in causing the deadly California traffic crash.

Police say that Culbertson appears to have lost control of his vehicle. He was traveling at a speed of 70-90 mph in a 55 mph zone.

Highway 37 used to be called "blood alley" because so many fatal car crashes occurred on its roads. The installation of a median barrier along what was considered the highway's most perilous 12 miles decreased the number of California car crashes that occurred there. However, the Lakeville Highway/Highway 37 intersection is now considered the most dangerous stretch because motorists who are driving at highway speeds must abruptly stop their cars if the light turns red.

Red light Running Accidents
Red light running causes serious injuries. Usually the motorist that runs the red light is moving at a fast speed in order to make it across the intersection as soon as possible. This can prove catastrophic for any vehicle or pedestrian that gets in the offending motorist's way.

Tens of thousands of people are injured in US car crashes because a motorist was running a red light. Approximately 1,000 fatalities/a year are caused by red-light running accidents.

California family killed in red light crash, USA Today, November 29, 2009

Family of 4, driver killed in Hwy. 37 crash

Related Web Resources:
The National Campaign to Stop Red Light Running

National Highway Traffic Safety Administration

Continue reading "California Family Dies in Red Light Running Accident " »

On Wednesday, Toyota announced that it is replacing the accelerator pedals on at least 3.8 million Toyota and Lexus autos to prevent future accidents involving unintended acceleration. The car manufacturer announced its largest recall ever in September following growing evidence that catastrophic car crashes can occur if the floor mat jams the gas pedal.

At least five deaths have been linked to this defect, which claimed the life of four members of a Southern California family last August. Bloomberg.com reports that the sudden acceleration has led to over 2,000 complaints by Lexus and Toyota owners and that these incidents have involved 243 injuries and 16 deaths.

Now, Toyota says it is going to install a "brake override" that will sharply lower engine power if the brake pedals and accelerator are pressed at the same time to make sure that drivers can stop any vehicle that is out of control. Toyota says that temporary, shorter gas pedals will replace the current ones until replacement pedals are developed.

On Tuesday, Toyota also announced that it is recalling 110,000 Tundra pickup trucks due to concern that frame corrosion can cause spare tires to dislodge or damage brake lines. The recall affects 2000 - 2003 Tundra models in Northern states where de-icers are used treat roads during the winter.

Auto Products Liability
Auto defects can cause multiple injuries and deaths, which is why it is so important that defects be remedied and identified immediately. If you've been injured in an Orange County, California car accident that you believe was caused by a defective or malfunctioning auto part, you may be entitled to auto products liability compensation for personal injury or your loved one's wrongful death.

Brake defects, engine failure, defective seat belts, faulty airbags, roof defects, rollover-prone autos, defective door latches, faulty power windows, and defective window glass can cause catastrophic injuries and deaths during a collision.

Toyota Recalls Tundra Pickups for Frame, Bloomberg.com, November 24, 2009

Pedals to be replaced in Lexus, Toyota recall, Newsday, November 25, 2009

Toyota Sued by Consumers Over Sudden Acceleration of Vehicles, Bloomberg, November 7, 2009

Related Web Resources:
Toyota

Toyota Recall September 2009 Affects 3.8M Vehicles Crash Due To Gas Pedal Stuck On Floormats, Device Mag, September 30, 2009

Continue reading "Toyota Announces that It Will Replace Gas Pedals on Millions of Recalled Vehicles" »

Drop-side cribs are once again in the media headlines following news that the Consumer Product Safety Commission and crib maker Stork Craft are recalling over 2.1 million drop-side cribs in the US and Canada. The recall was announced because of concern that a baby or toddler might get injured in a fall accident, suffocation accident, or entrapment accident if the drop-side becomes detached from the crib.

Already, there have been at least 110 drop-side detachment incidents reported, including four suffocation accidents, 15 entrapment accidents, 20 fall accidents, and four deaths. The drop-side plastic hardware can deform or break or certain parts may be missing. The drop-side might also have been installed upside down. Parents and other caregivers are being told to stop using the cribs right away and to wait for the free repair kit.

These defects can be very dangerous for young infants, especially when they are in the cribs unsupervised. In the last two years alone, the CPSC has recalled over 5 million drop-side cribs. Earlier this year, major crib manufacturers signed off on a proposal banning drop-side cribs in the US.

With infants and toddlers so dependent on others to take care of them, parents need to be able to rely on product manufacturers to make goods that are safe for use. Yet this isn't always the case, and crib makers of defective cribs that have caused injury or death have been sued for products liability and wrongful death.

Earlier this month, the CPSC and Maclaren USA announced the recall of about 1 million umbrella strollers following reports that 12 kids' fingertips were amputated when they put their fingers in the hinge mechanism of the stroller.

While recalling a defective or dangerous product is a positive step forward, there are still the victims who were injured before the recall was announced. Losing a fingertip, sustaining a traumatic brain injury after surviving a suffocation accident, or breaking one's back during a fall accident can be very painful and traumatic and life-altering for a child victim.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2009

Related Web Resources:
Crib safety tips, Consumer Reports

Kids in Danger

Continue reading "Preventing California Injuries to Children: CPSC Recalls More than 2.1 Million Drop-Side Cribs and Approximately 1 Million Strollers " »

Relatives and friends of Devin Petelski say that LAPD is to blame for her Los Angeles car accident death. The 25-year-old motor vehicle crash victim sustained fatal injuries when her BMW was struck by a speeding police cruiser at a Venice, California intersection on October 15. She died two days later.

The officers who were in the cruiser sustained minor injuries. They were heading toward the scene of a burglary.

The LAPD is still investigating the Los Angeles traffic crash. The vehicle's sirens and flashing lights were not activated when the deadly collision happened. A preliminary police report does note that the vehicle's headlights were activated. Petelski's camp, however, believes otherwise. They claim that the flashing lights, headlights, and sirens were all off.

The LAPD recently made it police policy that cops activate their lights and sirens any time they are speeding so that pedestrians and other motorists are made aware that a cruiser is moving at a speed faster than the posted limited.

Speeding
Speeding is one of the most common causes of fatal US car crashes. This is why there are speed limits posted on all streets and freeways. Motorists are supposed to obey the posted speed limit and drive slower than the posted speed limit if that is what is required to prevent a California car crash from happening, such as during severe weather conditions or in heavy traffic.

While emergency workers and law enforcement officials may have to speed to a destination during certain emergencies, this does not mean that they can carelessly endanger other people's lives when traveling to the scene of a crime or a health emergency or an accident.

Speeding gives a motorist less time to stop the car in order to avoid become involved in a traffic crash. It also can intensify the impact of collision when a speed-related car crash does happen.

Family and friends blame LAPD for woman's death in Venice crash, Los Angeles Times, November 20, 2009

Woman In Crash With LAPD Laid To Rest; Questions Remain, LA Weekly, November 20, 2009

Related Web Resources:
Facebook Page about Tragic Accident

Los Angeles Police Department

Continue reading "Victim's Family Blames LAPD for Fatal Los Angeles Car Accident in Venice, California" »

A 39-motorcyclist was transported to UCI Medical Center after he was injured in an Orange County, California motorcycle accident on Wednesday. Jorge Perez was struck by a black Toyota Sequoia on the 57 Freeway.

According to the National Highway Traffic Safety Administration, the number of motorcycle fatalities continues to increase each year. 5,290 motorcyclist deaths happened last year--up 2% compared to the 5,174 motorcyclist fatalities during 2007. 96,000 motorcyclist injuries were reported for 2008. The NHTSA reported 537 California motorcyclist deaths for 2008.

While other kinds of motor vehicle crashes have decreased in number, the rise in the number of deadly motorcycle crashes continues to be an issue of growing concern. The US Department of Transportation says that from 1997 to 2008, there has been a 150% jump in the number of motorcycle deaths that occur annually. The federal government hopes to better tackle this problem with a new study into what causes motorcycle accidents and how to prevent them from happening. This will be the first motorcycle crash causation probe that the US government will have conducted since it published The Hurt Report in 1981.

Motorcycles can move at the same speed as the drivers of other motor vehicles yet their riders lack the protection provided by a vehicle's body, safety belts, air bags, and other safety technology in the event of an Orange County, California motorcycle accident.

Motorcyclists are prone to falling to the ground, getting thrown off their motorcycles, sustaining road burns, and getting flung into road barriers, oncoming traffic, or straight into a large truck or another vehicle during a California traffic accident. Statistics show they have a 26 times greater chance of dying in a motor vehicle crash compared to auto occupants. This means that more often than not, the injuries sustained during a California motorcycle collision can be catastrophic. Traumatic brain injuries, spinal cord injuries, road burn injuries, and permanent disfigurement are just some examples of life changing motorcycle accident injuries.

Motorcyclist hit by SUV on freeway, OC Register, November 18, 2009

Federal Government To Study Motorcycle Crash Causation, Chicago Now, October 9, 2009

Related Web Resources:
Motorcycles, NHTSA (PDF)

Hurt Report Summary

Continue reading "Man Sustains Injuries During Orange County, California Motorcycle Accident on 57 Freeway" »

According to Transportation for America, in 2007 and 2008 there were 491 pedestrian deaths in the Southern California metro area (includes Santa Ana, Los Angeles, and Long Beach). This zone also had the most pedestrian fatalities out of the 26 California metro zones. The metro area of San Bernardino, Riverside, and Ontario experienced 159 pedestrian fatalities during the same time period--ranking the region number two for the most pedestrian deaths in California.

With 12 pedestrian deaths for 2007 - 2008, the California Highway Patrol, says the Orange County, California city of Santa Ana had highest number of pedestrian fatalities.

Transportation for America says most pedestrian deaths in California occurred on arterial roads that have higher speed limits and more traffic. The coalition also notes that there continue to be streets in California that don't have sidewalks or crosswalks.

Of course, there is also the issue of driver negligence that can cause serious pedestrian injuries. Distracted driving, drunk driving, speeding, failure to obey traffic signs, driving under the influence of drugs, and drowsy driving are some reasons why a driver might accidentally strike a Southern California pedestrian.

Meantime, US Transportation Secretary Ray LaHood who met with Transportation for America, is vowing to address the pedestrian safety issues noted by the advocacy group's report called "Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods)." Since 1994, 76,000 pedestrian deaths occurred in the US that could have been prevented.

Spinal cord injuries, traumatic brain injuries, organ damage, and broken bones are the more common serious injuries sustained during Orange County, California car crashes. Our Anaheim pedestrian accident lawyers know that these injuries are not only painful and life changing but they can be costly to treat. The parties responsible for causing the accident may owe you damages for personal injury.

O.C. area more dangerous for pedestrians, OC Register, November 9, 2009

LaHood, Safety Council to Address Pedestrian Safety, School Transportation News, November 17, 2009

Related Web Resources:
Transportation for America

"Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods)."

National Highway Traffic Safety Administration

As of yesterday, a female bicyclist remains hospitalized after she was seriously injured in an Orange County, California motor vehicle collision. Kate Leavey and her two kids were riding to school when the Irvine bicycle accident happened.

Leavey, a Rancho San Joaquin Middle School teacher, sustained multiple limb fractures and a skull fracture. She has been receiving medical care at the ICU of a Santa Ana hospital where she was listed in critical condition. Her two children were not injured.

The driver involved in the traffic collision with Leavey's bicycle is a 71-year-old male. Police are investigating the cause of the Irvine traffic crash.

In another Orange County, California car accident, a 50-year-old woman was transported to UC Irvine Medical Center after she was injured when a car crashed into her living room. The La Palma motor vehicle collision happened at around 4pm on Wednesday. According to La Palma police, the driver appears to have driven the vehicle off the curve before crashing into the house.

Orange County, California Car Accidents
Any time you are injured in a motor vehicle accident it is important that you speak with an experienced Irvine injury attorney first before settling your case. If you agree to a settlement right away you can lose to the right to obtain the maximum recovery possible.

An experienced Orange County, California car accident law firm can work with accident reconstructionists and other experts to determine who was liable and how much money you should be awarded for personal injury. Your Irvine injury lawyers also can figure out whether additional medical expenses and recovery costs are likely to arise in the future as a result of your injuries. Taking time off work can also result in the loss of benefits and lost wages.

Teacher still hospitalized after Irvine accident, OC Register, November 18, 2009

Man Crashes Car Into La Palma Home, Injures Woman, CBS2.com, November 18, 2009

Related Web Resources:
California Department of Transportation

National Highway Traffic Safety Administration

Continue reading "Female Bicyclist and Woman Sitting in Her Own Living Room are Injured in Two Separate Orange County, California Car Accidents" »

A 19-year-old driver is suing the California county of Santa Cruz for personal injury after she became paralyzed from the chin down in a catastrophic single car crash on April 7. Alexandria Pomianowski claims she lost control of her vehicle and drove it into oncoming traffic because the wet road she was on did not have the proper signage and was dangerous.

While the California Highway Patrol contends that given the road conditions at the time Pomianowski was operating her Mustang convertible at an unsafe speed, the plaintiff's California car accident lawsuit is naming Santa Cruz County, which is responsible for maintaining the road where the accident occurred, the driver of the GMC pickup that she struck when her car drover across the double-yellow line, and Ford Motor Co., her auto's manufacturer. as the defendants.

Pomianowski's California injury lawyer says his client has already sustained more than $1 million in medical bills.

Spinal Cord injuries
Spinal cord injuries can result in various degrees of paralysis. An SCI can be costly to treat medically and depending on the degree of injury, the injured person may require specialized medical devices and round-the-clock care.

An SCI injury victim may have to work with surgeons, psychologists, spinal cord medicine specialists, and physical therapists to recover as much as is possible from such a serious injury. Medications, surgery, experimental treatments, and ongoing care may be required. Not only must an SCI be stabilized, but also the patient may have to combat secondary health issues, such as blood clots, pressure soars, bladder problems, respiratory infections, and other complications.

In many cases, spinal cord injuries are irreversible and can be traumatic for the patient, whose life will likely have changed forever. Having a loved one who is suffering from SCI can also take a toll on family members and friends.

Paralyzed San Lorenzo Valley high school grad sues Santa Cruz County over accident, Mercury News, November 18, 2009

Spinal Cord Injuries, Mayo Clinic

Related Web Resources:
Read the County's Recommended Action to the Tort Claim (PDF)

Quadriplegia, Spinal Injury Network

Hospital beds are used in Orange County, California hospitals, outpatient facilities, nursing homes, as well as in many private home care situations. According to the Center for Devices and Radiological Health, some 2.5 million hospital beds are used in this country. A hospital bed is one that meets certain requirements that make it a medical device.

The Food and Drug Administration is now reporting that between 1985 - 2009, there have been at least 803 reported incidents in the US of patients getting entangled, caught, trapped, or strangled in these beds. These injury accidents have resulted in 138 injuries and 480 deaths. In 185 incidents, hospital workers were able to prevent patient injuries. The majority of patients involved in hospital bed accidents are older people and/or those who are frail or confused.

According to FDA nurse-consultant Joan Ferlo, hospitals should check the hospital's beds to make sure they don't pose an injury hazard. The mattress any grab bar or rail that comes with the bed should be examined to make sure that they aren't entrapment hazard. Possible entrapment zones involving hospital beds:

• Between the mattress and rail
• Beneath the rail
• Between split bed rails
• Between the foot or headboard and a rail end
• Between the mattress end and the foot or headboard

Hospital beds can also present a possible fire hazard if there is damage to the bed's power cord, the bed's motor overheat, there is an electrical short, clothing or sheets are placed too close to power sources, or dust clogs up the motor. The patient can sustain serious and painful burn injuries as a result.

Product manufacturers must make sure that their products are designed in a way that won't cause injury or death to consumers. Failure to fulfill this responsibility can lead to a California products liability or wrongful death lawsuit. Hospitals, nursing homes, and other facilities must make sure there are no hazardous conditions on the property that can cause injury or death. Otherwise, they can be held liable for California medical malpractice, premises liability, or wrongful death claims.

Practice Hospital Bed Safety, FDA

Related Web Resources:
Untie the Elderly

Hospitals in California, Yellow Pages

Continue reading "California Personal Injury: Are Hospital Beds an Entrapment Hazard? " »

The family of truck driver Tahir Sheikh Fakhar is blaming Caltrans for his California truck crash death. The 56-year-old trucker died on Monday when his large truck fell off the Bay Bridge's S-curve at around 3:30am.

His big rig truck dropped 200 feet, crashing onto Yerba Buena Island. While the California Highway Patrol says that Fakhar lost control of his truck while driving 10 mph above the 40 mph speed limit, his brother, Naveed Anjum, says the design of the S-curve is to blame for the death.

Since the S-curve opened on September 8 there have been over 40 California motor vehicle crashes. The temporary roadway bend is there to allow for other bridge work.

Meantime, Caltrans is continuing to point to speeding as the cause of the Monday's truck collision and the other crashes while noting that over 16 million trips have been safely made on the S-curve.

The S-curve, located on Interstate 80, is a detour for drivers to use until the Bay Bridge's east span opens in 2013. Motorists have to make sharper turns when navigating the curve.

Caltrans says it is going to install additional speed limit signs, radar speed signs, and thick reflective stripes on both decks of the S-curve's guardrails. Raised roadway dots have been added to let drivers know when they've started lane drifting.

Truck Accidents Involving Injured Truckers
Truckers can also get hurt during truck crashes. While some California trucking collisions are a result of truck driver negligence, there are truck crashes that occur because another driver was careless, the truck malfunctioned or has a design defect, a road or bridge was poorly designed, the speed limit is not appropriate for the road and the regular flow of traffic, not enough safety measures have been implemented, or there are no warning signs about possible hazards.

Bay Bridge S-curve crashes mount, safety moves pondered, Inside Bay Area, November 10, 2009

Brother Of Truck Driver Killed In Crash Makes Emotional Plea, KTVU, November 11, 2009

Related Web Resources:
California Department of Transportation

Bay Bridge

Continue reading "California truck crash claims trucker's life when his big rig falls off Bay Bridge's S-curve" »

The mother of a 43-year-old man who died in an Orange County, California bicycle accident on July 23 has filed a Newport Beach wrongful death lawsuit against the city. Darryl Benefiel sustained a number of injuries, including massive head injuries, when he was struck by a motor vehicle at Tesoro and Ridge Park Road.

The Newport Beach bicycle accident happened as the 22-year-old car driver was turning left. The 43-year-old bicyclist was pronounced dead at the accident site.

Per Karen Benefiel's Orange County, California wrongful death complaint, the intersection did not have a stop or yield sign and the road lacked a bike lane. She is seeking wrongful death damages for emotional trauma, loss of affection, love, and companionship, loss of financial support, loss of consortium, and loss of assistance.

The city of Newport Beach says that a preliminary probe found that no roadway defect contributed to the Newport Beach bicycle collision.

Bicycle Accident Lawsuits
If you or your loved one was seriously injured in an Orange County, California, Los Angeles County, San Bernardino County, or Riverside County bicycle accident, you may have grounds for filing a personal injury or wrongful death lawsuit. Possible defendants--depending on the cause of the bicycle crash--might include a negligent car driver, truck driver, motorcycle rider, bus driver, bicycle manufacturer, tire maker, the city, the county, or another entity.

Possible grounds for suing a city or another entity over a bicycle accident:

• Uneven paving
• Potholes
• Debris on the road
• Slippery conditions
• Lack of a bike path
• No stop sign
• No traffic light
• Faulty traffic light
• No warnings of possible hazards
• Poorly designed roads
• Obstructions on the road that make it difficult for motorists to see bicyclists and vice versa

Woman files claim in son's death, Daily Pilot, October 30, 2009

Bicyclist killed in Newport Coast, OC Register, July 23, 2009

Related Web Resources:
Bicycles, NHTSA

California Bicycle Coalition

The widow of a man who died after driving his boat into a beam of a Huntington Harbour Bridge is suing Huntington Beach, Orange County, and the state of California for his wrongful death. Shawn Wilson, 37, died on June 27. He leaves behind his wife Deanna, her 3-year-old son, and her baby daughter who was born a few weeks before the tragic boating accident.

According to her Orange County, California wrongful death complaint, the bridge, which was allegedly negligently, improperly, and recklessly designed, made, and maintained, should have had better signage and lighting over it. The lawsuit contends that other people had complained that the bridge was dangerous and at least one similar boating accident had happened in the area prior to Wilson's death.

Wilson died after his inflatable boat struck a beam on the Gilbert Drive Bridge. The accident occurred around 12:45am. One of his passengers, Caleb Steele, also died in the Huntington Beach boating accident. Another boating passenger, James Geekie, was knocked back and fell unconscious. He sustained serious head injuries but managed to swim back to shore.

Because the water was at high tide, the boaters should have ducked to avoid hitting the beam. Deanna Wilson's Huntington Beach wrongful death complaint contends that her husband was operating the boat in a careful, lawful, and reasonable manner. This is contrary to witness reports that her husband was speeding. Toxicology reports indicate he was operating the boat while drunk.

Examples of California Boating Accidents that can lead to Personal Injury or Wrongful Death claims if another party was negligent:

• Falls overboard
• Slip and fall accidents on boat
• Boat fires
• Drowning accidents
• Boating collision with another vessel
• Boat crashing into the harbor or dock
• Water-skiing accident
• Jet ski accident
• Boat capsizing
• Boat explosion
• Boat crashing into a fixed or submerge object
• Running over a swimmer in the water with a boat
• Striking someone with the boat's propeller
• Boat capsizing
• Flooding on boat

Related Web Resources:
Widow sues city, others over fatal bridge crash, Orange County Register, November 9, 2009

Two killed in Huntington Harbour boating accident, Los Angeles Times, June 27, 2009

Related Web Resources:
US Coast Guard Boating Accident Statistics 2008

Huntington Beach, California

Orange County, California

Too little sleep doesn't go a long way when it comes to driving safely. According to the National Sleep Foundation's new poll, in the last year alone up to 1.9 million drivers were either in a car crash or almost in one because they were driving while drowsy. Unfortunately, many motorists are unaware that driving while exhausted or sleepy can turn into negligent driving and become grounds for an Orange County, California car accident lawsuit if someone is injured or killed.

Each day, about 250,000 US drivers fall asleep while driving. The National Transportation Safety Board says there are about 8,000 drowsy driving-related deaths and 60,000 serious injuries a year.

Groups most likely to drive while drowsy are young people, shift workers, truck drivers, business travelers, and people with untreated or undiagnosed sleeping disorders. About 40 million people are believed to be suffering from some type of sleeping disorder that may make it hard for them to stay awake during the day.

Drowsy driving, not unlike drunk driving, delays reflex response times, impairs judgment, clouds the mind, and makes it hard for a motorist to pay attention. Some studies indicate that a person who has been awake for over 20 hours exhibits an impairment equivalent to someone with a .08% blood alcohol concentration.

A sleepy driver may not even realize that he or she has nodded off. Even just shutting one's eyes for a few seconds can cause the driver to drift into another lane, into oncoming traffic, or off the road, resulting in an Orange County truck accident, motorcycle crash, pedestrian accident, or bus collision.

In an effort to increase awareness about the dangers of driving while sleepy, National Sleep Foundation has declared November 2 - 8, 2009 Drowsy Driving Prevention week.

Signs you may be drowsy driving:
• Your head keeps nodding downward
• You suddenly notice that you are tailgating the vehicle in front of you
• You can't remember the last few miles that you drove
• You are having a hard time keeping your eyes open
• Focusing on the road is proving a challenge
• You keep yawning
• You just missed your exit

If possible, pull over and take a break. Caffeine helps. A better solution is to get a good night's rest and don't drive while drowsy. If you have to drive for hours at a time, take a break every 2 hours or 100 miles.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
AAA Foundation for Traffic Safety

Drowsy Driving, National SLeep Foundation

Continue reading "Sleepy Driving is Distracted Driving Habit that Causes Orange County, California Car Accidents" »

The daughters of 81-year-old Evelyn Rogoff and her 83-year-old husband Murray are suing bathrobe maker Blair Corp. for California wrongful death. The Rogoffs sustained fatal burn injuries when Evelyn's bathrobe sleeve caught fire on their stove's electric burner last February.

The fabric quickly caught fire, engulfing Evelyn and Murray who rushed to help his wife. The two of them died months later from their burn injuries. If they hadn't died so tragically, the couple would have been married 50 years.

The Rogoffs' daughters are seeking at least $1.9 million in damages from Blair Corp., which recently has come under fire for its highly flammable bathrobes, which is a product defect.

Evelyn and Murray are not the only ones who have suffered burn injuries because of the Blair bathrobes. At least nine burn-related fatalities have been linked to the Blair robes.

In April, 162,000 Blair Full-length women's chenille robes were recalled. The Consumer Product Safety Commission recalled 138,000 more women's apparel products last month.

In Connecticut, Sharon Davis is suing Blair for $30 million for her mother's wrongful death. Atwilda Brown's robe caught fire in 2005 while she was making tea. She was able to call 911 but did not survive her injuries. Police and fire workers who arrived at the accident scene said they hadn't seen material burn so fast before.

While the robes had previously passed flammability tests, testing since then have proven the robes to be a fire hazard.

At least five of the victims were women whose robes caught fire while they were cooking. The majority of the victims were elderly persons. Three of them were in their 80's.

Defective Clothing
While all clothing can catch fire, garments must meet certain standards under the Flammable Fabrics Act. Failure to comply with these standards can create a highly flammable product that can prove fatal for the wearer and those around. It can also be grounds for an Orange County, California products liability or wrongful death lawsuit.

Bathrobe company sued in deaths of elderly Oceanside couple, Sign on San Diego, October 28, 2009

Woman Blames Robe For Mother's Death, WFSB, October 27, 2009

Blair LLC Expands Recall of Highly Flammable Robes, Consumer Affairs, October 30, 2009

Related Web Resources:
Flammable Fabrics Act

Consumer Product Safety Commission

The Fourth District Court of Appeal in San Bernardino has reinstated boxing referee Ray Corona Sr's negligence lawsuit against the California State Athletic Commission. Corona had filed a San Bernardino County injury lawsuit against the commission for allowing a boxer with HIV to fight in the ring.

The California appeals court said that it is the commission's legal responsibility to ensure that all licensed professional boxers test negative for HIV, hepatitis-C, and hepatitis-B before letting them compete. According to Corona, one week after he officiated a June 2005 fight in San Bernardino County, the commission sent him a letter informing him that he may have been exposed to AIDS.

Apparently, one boxer's test results didn't come in until after the bout. The letter suggested that Corona get tested and exercise caution about engaging in activities that could spread the disease until he got his results back.

Corona and his wife sued for California personal injury because of the emotional distress they suffered. The two of them had not been aware until they received the notice that they needed to do anything to prevent spreading the disease. Since then, both of them have tested negative.

A California Superior Court threw out the California injury complaint in 2007. The court had stated that the state is immune from liability for any decision involving the denial or approval of a professional license. The appeals court, however, said that testing boxers for AIDS before they get in a ring is not a decision to be made at one's discretion but a mandate.

HIV
Although an HIV diagnosis doesn't have to be a death sentence, it is still not a virus that anyone wants to get. Not only can the disease be spread sexually, intravenously, via blood transfusion, from mother to fetus, and through other means, but living with HIV requires major lifestyle changes and treatments that can lead to serious health complications.

If you believe that your illness or injury was caused by another party's negligence, you may have grounds for filing a San Bernardino County, California injury lawsuit.

Referee can sue commission over boxer's HIV, SF Gate, October 26, 2009

Living with HIV/AIDS, Centers for Disease Control and Prevention

The California State Athletic Commission