California Injury Lawyers Blog

According to the California Highway Patrol, Sylvia Lopez Garay, the 18-year-old woman who was driving the sport utility vehicle that was involved in a deadly collision with a Greyhound bus on a California highway on Thursday, was under the influence of alcohol. 20 people were injured and six others were killed during the California motor vehicle crash, which occurred before 2am on California Highway 99. The bus was going from Los Angeles to Sacramento.

The SUV had rolled over after striking the median rail and was obstructing the fast lane when the bus collided with it and then struck a Honda CR-V. All three vehicles were pushed off the highway and down a 15-foot embankment. The bus also struck a tree. The impact of the crash broke the bus into pieces.

Killed in the California bus accident were bus driver James Jewett, 57, bus passengers Epifania Solis, 60, and Tomas Ponce, 79, and the three women in the SUV, Stephenie Cordoba, 20,Vanessa Gonzalez, 19, and Garay. Ponce's wife, 77-year-old Areola Ponce, suffered serious injuries. The Honda's driver also was hurt.

The three ladies had come from a dance party at the Starline Club. It was 18-and-over night. The club maintains it has a strict policy against underage drinking.

Orange County, California Bus Accidents
Determining liability in any kind of bus crash can be challenging, which is why it is so important that you are represented by an experienced Orange County, California bus accident law firm. In some cases, it is the bus driver or the bus company who is liable. In other bus crash cases, the other motorist or the manufacturer of a defective motor vehicle part may be at fault.

Bus crashes have also happened because a road was defectively designed, a traffic signal malfunctioned, or there was debris on the road that wasn't cleared away. If a drunk driver was the one responsible for causing the traffic crash, the business that overserved the motorist and/or allowed him/her to get behind the wheel of the vehicle may also be considered as a liable party. There could be more than one party who should be held financially responsible for your traffic injuries.

CHP: SUV driver in fatal bus crash under influence, AP, July 26, 2010

6 die, 20 hurt in Greyhound crash in Fresno, Los Angeles Times, July 23, 2010

Related Web Resources:
Greyhound

Seatbelts for Motorcoach Buses Proposed, News Inferno, November 17, 2009

National Transportation Safety Board

Continue reading "California Bus Accident: SUV Driver Involved in Greyhound Crash that Killed 6 and Injured 20 Was Under the Influence of Alcohol" »

A multi-vehicle Anaheim car accident has claimed the life of Isabel Tizapan Ortega and left her daughter with life-threatening injuries. The three-auto collision occurred at the intersection of Miraloma Avenue and Blue Gum Street at about 8:35 am yesterday.

According to Anaheim police, a 1997 Chevrolet pickup truck crashed into the 2005 Nissan sedan that was carrying Ortega, 46, and her daughter. The force of impact pushed both vehicles into a Honda Civic. The pickup truck also rolled over.

Ortega was pronounced dead at the Anaheim car accident site. Her daughter, who was riding in the passenger seat, was transported to the hospital and admitted in critical condition. The pickup driver sustained facial injuries. The Honda's driver experienced some pain but was not taken to the hospital from the crash scene.Investigators will have to determine who had the right way of way when the Anaheim motor vehicle collision happened.

Our Anaheim car accident lawyers know how important it is to start gathering evidence at the crash site, as well as interview witnesses while their accounts of the collision are still fresh. It is important to start exploring your legal options as soon as you can after an Orange County, California auto accident has occurred.

In other recent Anaheim traffic crash news, a driver suffered fatal injuries yesterday when his construction truck was involved in a collision with a big rig truck on the Riverside Freeway at the Fullerton-Anaheim border. According to the California Highway Patrol, the Anaheim truck accident happened just after midnight when the victim's construction truck rear-ended the larger vehicle. The construction truck burst into flames.

Woman killed in 3-car Anaheim crash, Press-Telegram, July 16, 2010

Driver Killed In Crash On 91 Freeway In O.C., CBS2, July 14, 2010

Woman killed in multi-vehicle crash ID'd, OC Register, July 15, 2010

Related Web Resources:
California Highway Patrol

City of Anaheim

National Safety Council

Continue reading "Anaheim Car Accident Kills Mother and Leaves Daughter with Serious Injuries" »

The mother of Mary Bernstein has settled her California wrongful death lawsuit with PG & E for $5 Million. Bernstein and her boyfriend Robert Conway suffered fatal injuries in 2006 when their vehicle was involved in a California truck crush with a PG & E employee.

John Mayfield, who has diabetes, blacked out on the road while driving the PG & E utility truck. He apparently did not test his blood sugar level before driving that day. Mayfield has pleaded guilty to vehicular manslaughter for his role in causing the catastrophic collision and was sentenced to three years in prison.

Mary's mother, Lisa Bernstein, says she wanted to hold PG & E accountable for the tragic California motor vehicle crash. She has said that the utility company should have known that Mayfield had been involved in two car crashes outside of work and that he had to be hospitalized two times because he didn't manage his diabetes properly.

Rather than a confidential settlement, the resolution to the case is being recorded as a judgment. This means that any accident victims in the future will be able to look into the case and its outcome. The California wrongful death settlement amount also brings up the value of a single colleges student's life from $2 million to $5 million.

Earlier this month, another California truck accident case involving another diabetic was resolved. This time, the defendant was Verizon Communications.

Verizon employee Mark Zelandar was involved in a fatal Southern California car crash last September when he fell into a "twilight" state and drove the wrong way on the highway for at least five minutes. He crashed head-on into Jose Vega's minivan. Vega, 49, sustained fatal injuries.

A judge ordered Verizon to pay Vega's family $7 million. While Verizon and Selandar had argued that the truck driver had suffered a medical emergency, the plaintiffs' attorneys noted that Verizon should have known about its employee's history of hypoglycemic attacks, which fell into the hundreds if not thousands. Selander had even told his supervisors that he suffered from uncontrolled type 1 diabetes. According to the plaintiffs, even though evidence showed that Selander was not fit to work with any dangerous machinery, Verizon still let him drive the large pickup on public highways and assigned him to work the graveyard shift, which he did alone. The plaintiffs also contend that Selandar was familiar about what to do when the signs of hypoglycemia started to arise and he shouldn't have endangered others.

Wrong-Way Driver Victim's Family Awarded $7 Million, Independent.com, July 1, 2010

PG&E to pay bereaved mother $5 million in wrongful death lawsuit, MercuryNews, July 6, 2010

Related Web Resources:

Blog: Driving with diabetes, MayoClinic

Diabetes Monitor - Diabetes And Driving

Nearly six years after Jacqueline and Raechel Houck were killed in a California car accident, a jury has awarded their parents $15 million for their wrongful deaths. The sisters were riding a rented 2004 Chrysler PT Cruiser on Highway 101 N on October 7, 2004 when the vehicle went over the median, struck a big rig truck, and burst into flames. Raechel, 24, and Jacqueline, 20, died from their injuries. According to experts for the plaintiffs, Houck was unable to steer the car because of a power-steering fluid leak.

A few weeks after the tragic car wreck, the girls' parents found out that the vehicle their daughters had rented was one of 435,000 PT Cruisers that Daimler Chrysler had recalled just a month before because the power steering hose was at risk of leaking and posed a possible car fire hazard. Enterprise records indicate that the Houck sisters' rental had not been repaired after the recall was announced. It had, however, been rented out four times.

Mark Matias, the Enterprise Northern California manager at the time, has sworn that he didn't know that the vehicle had been recalled until after the women's deaths. He also said that it was not against company policy to rent out a recalled vehicle.

The plaintiffs' California wrongful death attorney says the car rental company which had contested the civil complaint for five years--initially blaming the car crash on Raechel's driving. It wasn't until last month that Enterprise finally admitted its negligence in the sisters' deaths. The rental company tried to settle with the siblings' parents for $3 million if they would keep the details surrounding the traffic accident confidential. They refused to make a deal.

Automakers go to the trouble of recalling vehicles because they may have defective parts that could cause a vehicle to malfunction. If you or someone you love was injured in an Orange County, California car accident because of an auto defect, you may have grounds for a case. Even if a recall was never issued, you still may have sufficient reason to file an Orange County, California products liability lawsuit.

Jury awards $15 million in Santa Cruz wrongful death case against Enterprise car rental, Mercury News, June 22, 2010

CLOSURE: Couple wins lawsuit over rental car company blamed for daughters, Contra Costa Times, June 27, 2010

Related Web Resources:
Enterprise

California Department of Transportation

Safercar.gov

It's been more than three weeks since 78-year-old man was fatally struck by a dump truck on the Los Angeles River bike path. The truck driver, who was backing up the truck that struck Karl Weichinger on June 1, says he didn't see the elderly pedestrian.

The coroner's office says that the retired electrician died from multiple traumatic injuries sustained in the Los Angeles County dump truck accident. Weichinger's friends and family say that he died because the truck driver was going too fast and that workers there were reckless.

An investigation has so far found no evidence that the truck driver, who works for All American Asphalt, was moving at a speed above 5mph. However, according to police, some people have reported that the vehicle was moving at a "high rate of speed."

Backover Accidents
It is the responsibility of any motorist while backing up to make sure there is no person behind it at the time. It is also a good idea to back up a car or truck at a reduced speed. Some vehicles, such as 18-wheeler trucks, buses, dump trucks, and motor homes, are so large in size that they may have blind spots that prevent them from seeing everything and everyone through their rearview mirrors. Running over a pedestrian or striking a vehicle while backing up an auto can result in serious Los Angeles personal injuries, property damage, and wrongful death. According to the National Highway Traffic Safety Administration, vehicles backing up caused 221 deaths and 14,000 injuries in 2007. 99 of the fatalities and 2,000 of the injuries were to minors under the age of 15.

Questions raised in death of man, 78, struck by dump truck on L.A. River bike path, Los Angeles Times, June 23, 2010

21 People Killed in "Backover" Accidents in 2007, NHTSA Study Shows, Edmunds Daily, January 30, 2009

Related Web Resources:
NHTSA

FMCSA, Justia Regulation Tracker

Continue reading "Family of 78-Year-Old Man Fatally Struck in Los Angeles Dump Truck Accident Wants Answers " »

A multi-vehicle collision in the express toll lanes of the 91 Freeway has claimed the life of a 47-year-old Sun City man. Enrique Aniceto was standing by his disabled car at around 5:15 am on Saturday when he was hit by another vehicle. Another vehicle was also reportedly involved in the Anaheim car accident.

Aniceto, who police say appears to have died instantly, wasn't the only one to lose his life from injuries he sustained on a Southern California freeway this weekend. An Irvine motorcyclist died from injuries he suffered early Sunday on the southbound 55 connector to the southbound I-5 when his bike veered of the road. The biker was thrown off his motorcycle, and he was then struck by a number of vehicles.

Also on Sunday, Compton resident Brandon Davis Brown was pronounced dead on the I-405N after his Toyota Tercel rear-ended a sport utility vehicle that witnesses say was stopped in the carpool lane close to the Culver City exit. The driver of the SUV then left the Los Angeles car accident site without rendering aid. Police are looking for the missing motorist.

Unfortunately, freeway accidents are not uncommon in Southern California, where traffic can get congested and people are often rushing to and from their destinations. Common causes of highway accidents can include:

• Speeding motorists
• Drivers who are not keeping up with the pace of traffic
• Motorists that wait too late to merge from the carpool lane to the exit lane
• Drunk drivers
• Stopping on the freeway without getting into the emergency lane
• Pedestrians attempting to run across a busy freeway
• Distracted drivers
• Motorists who text or talk on a cell phone while driving

Driver Killed In Crash On FasTrak Lanes In Anaheim, CBS22, January 19, 2010

Motorcyclist Killed In Crash On Tustin Freeway, CBS2.com, June 20, 2010

Fatal accident snarls 405 Freeway through the Westside, Los Angeles Times, June 20, 2010

Related Web Resources:
California Highway Patrol

California Department of Motor Vehicles

Continue reading "Anaheim Car Accident on FasTrak Lanes Kills Sun City Man " »

Seven years after 17-year-old Dillon Elkins became a quadriplegic when he jumped from a truck and struck his head on the pavement, a Barstow jury has awarded his family $32.2 million for his San Bernardino County personal injury lawsuit. Because jury members found Elkins to be 20% at fault and Robert Murchison, the driver of the truck, to be 80% at fault, Dillon's family will receive 80% of the verdict.

The tragic San Bernardino County car accident happened in 2003 when Elkins, then 10, asked high school football player Robert Murchison to give him a ride from the homecoming football game. Murchison, then 18, has said that not only did he tell Dillon and another boy that he couldn't drive them because the truck's cab was full, but also that the two boys ignored him and jumped on the truck bed. Witnesses have said that Murchison told the boys that if a cop appeared, they were to jump out of the truck.

According to the family's San Bernardino County motor vehicle accident lawsuit, while on California 127, Murchison saw a police car and told the boys to jump out, which is exactly what Elkins did. Following the tragic accident, Elkins fell into a coma for three weeks and sustained severe brain injuries that left him a spastic quadriplegic. He is no longer able to walk, speak, or eat anything that isn't fed through a gastric tube.

Now, Elkins' mother Sherry Setter says that her son will have the funds to receive the medical care that he needs.

Spastic Quadriplegia
Spastic quadriplegia usually affects all four limbs of the body and can result in mental retardation, hearing impairment, and visual problems. Complications may include cognitive difficulties, seizures, bladder dysfunction, scoliosis, bowel dysfunction, skin sores, hip dislocation, and other health issues. Spastic quadriplegia can occur as a result of a spinal cord injury or brain damage.

If someone you love now has spastic quadriplegia because another party was negligent, you may be able to pursue Orange County, California personal injury recovery. Living as a spastic quadriplegia can be very expensive and you will likely need financial resources to cover medical expenses, round-the-clock care, specialized equipment, rehabilitation, and other services.

Jury awards damages to Baker youth badly injured in '03 accident, Los Angeles Times, June 9, 2010

Jury Awards $32M To I.E. Boy Left Quadriplegic, CBS/AP, June 9, 2010

Related Web Resources:
The National Spinal Cord Injury Association

Traumatic Brain Injury Information Page, National Institutes of Health

Carol Nastasi has filed an Orange County, California personal injury claim against the city of Irvine for injuries she sustained while involved in a car accident with a local cop. Nastasi says that she hurt her back and her car was totaled during the Irvine car accident, which took place on August 26 on Jamboree Boulevard. She wants compensation for medical costs, pain and suffering, and a back massager.

According to Nastasi's Irvine injury claim, she had just entered the left-hand turn lane when an officer, who was driving at an unsafe speed struck her car. She contends that even though she was wearing a safety belt, her spine and neck were whipped around as she was jerked back and forth during the crash. Nastasi acknowledges that even though her back was sore and she felt tightness and pressure in her chest, she opted not to go to the emergency room.

While the California Highway Patrol says that it was Nastasi who was at fault and that she had made an unsafe lane change, she disagrees. She says that she checked her mirrors, activated her signal, and looked over her shoulder before she changed lanes and that it wasn't until right before the Irvine car accident happened that she saw in her rear-view mirror that the police car was approaching.

Nastasi says that she has undergone several weeks of back therapy to relieve the pain but that she must still contend with back spasms and fatigue. She also says that her ability to complete certain household tasks has been affected.

Back Injuries and Orange County, California Car Accidents
Back injuries are one of the most common injuries sustained during a car crash. Sprains, herniated discs, fractured vertebrae, and spinal cord injuries are just some of the back injuries that can result during the sudden jolt and force of impact that can occur during a motor vehicle collision. Back injuries can be extremely debilitating and painful. A person who is suffering from a back injury may require pain medication, physical therapy, or surgery. He or she may even have to decrease his or her workload or stop working altogether, which can definitely take a financial toll.

Claim: Irvine officer rear-ended driver, Orange County Register, June 8, 2010

Related Web Resources:
City of Irvine

Back Injuries, Medline Plus

Taylor Tolleson, a former professional cyclist, is suing driver Thomas John Legan for California personal injury. Tolleson, 25, claims that his career was ruined when Legan, also 25, allegedly struck him on July 23 during a hit-and-run car crash. Tolleson was riding a motorcycle at the time and he broke his vertebra and sustained a traumatic brain injury. Also named as a defendant in the California motorcycle accident lawsuit is Legan's dad, Thomas Louis Legan, who is the owner of the Audi suspected of striking Tolleson.

Fortunately, another driver called 911 and Tolleson was flown to a hospital. Police discovered the Audi about two hours later and impounded it. While searching the car, they say they found two prescription drugs in the younger Legan's name.

Legan turned himself in to the authorities later that month and he was arrested on suspicion of hit-and-run. He has not been criminally charged but the case may be reopened. Last December Legan was arrested on suspicion of drunk driving. He pleaded guilty to the lesser charge of reckless driving. He also has several speeding tickets. Tolleson, In his California motor vehicle crash lawsuit, accused Legan of being a drug addict.

Tolleson was expected to fully recover form his injuries. However, he continues suffer from mood swings and memory loss, has a hard time concentrating, and experiences pain in his L1 vertebra if he is hunched over a bike for too long. Tolleson says that pro cycling was both his passion and livelihood before it was taken away from him during the California motorcycle crash.

Motorcycle Accidents
Motorcycle accidents claim too many lives and cause injuries to tens of thousands of people each year. In the event that a rider is thrown from a bike, pinned under a vehicle, or propelled into a wall or another nonmoving object, he or she is at risk of sustaining a traumatic brain injury, spinal cord injury, or other catastrophic injuries.

It is so important that the drivers involved in collisions involving motorcyclists contact 911 immediately. The sooner the victim receives medical help the greater the chances of recovery.

Former pro cyclist sues over hit-and-run that ended his career, Mercury News, May 14, 2010

Pro Cyclist Taylor Tolleson Injured in Hit-and-Run, TPGOnlineDaily, August 1, 2009

Related Web Resources:
Race Results for Taylor Tolleson, USA Cycling

Motorcyclist Facts, Advocates for Highway and Auto Safety

NHTSA

A 4-year-old boy was hurt on Friday when he was hit by a hit-and-run driver. The Anaheim car accident happened on the 900 block of North Topeka Street and La Palma Avenue while the boy and his 14-year-old sister crossed the street. He sustained abrasions to his face.

The driver of the dark-colored Sedan that struck him stopped and asked the kids if they were okay. The 14-year-old told the motorist to pull over but he drove off.

Police are searching for a man with dark skin, a mustache, and a beard. He could face misdemeanor hit-and-run charges.

Hit-and-Run Accidents
It is illegal for a motorist to hit-and-run. Drivers are supposed to stop at the car accident site and when there are injuries call for help. If you or someone you love was injured in a hit-and-run car accident, an Anaheim personal injury lawyer can help you explore your legal options regardless of whether or not the motorist is apprehended.

Hit-and-run crashes can prove fatal. A driver leaving a crash site can delay much needed medical care for the victim, who could end up dying instead of being saved.

Yesterday, a married couple were sentenced to time in prison for their involvement in a 2009 hit-and-run car accident that killed a USC student and seriously injured her friend. Claudia Cabrera was sentenced to eight years behind bars while her husband Josue Luna received a prison sentence of seven years for their role in the Los Angeles car accident. The two of them pleaded no contest to vehicular manslaughter, hit and run, and leaving an accident scene.

Police say Cabrera was driving the car that hit Adrianna Bachan, 18, and Marcus Garfinkle, 19, last March. The two of them were crossing the street at around 3am when the Los Angeles pedestrian accident happened. Cabrera, who was driving on a suspended license, also ran a red light.

The vehicle kept going some 400 feet with Garfinkle riding on the windshield. Luna then pulled him off and left him in the street. The 19-year-old broke his legs during the Los Angeles car accident and has had to undergo multiple surgeries. He owes his health insurance company over $200,000 in medical costs. Garfinkle says that the couple treated him like an animal and he may never be able to run again.

4-year-old injured by hit-and-run driver, Orange County Register, May 24, 2010

Couple Sentenced to Maximum for Deadly USC Hit-and-Run, KTLA, May 24, 2010

Related Web Resources:
Hit and Run Accidents, Deadly Roads

Pedestrian Safety, SafeKids.org

The family of Devin Leigh Petelski is suing the Los Angeles Police Department for her California wrongful death. The 25-year-old woman died on October 15, 2009 when her car was hit by a patrol car that was headed to a burglarly site.

At the time of the Los Angeles car accident, police officers James Eldridge and Ramon Vasquez reportedly did not activated their vehicle's sirens and flashing lights--as mandated by police policy when speeding to a 911 call--to let other motorists and pedestrians know that they were rushing to a possible crime scene. They also did not tell dispatchers that they were going to a possible burglary-in-progress and were driving faster than the 40 mph speed limit.

Police officers have a responsibility to drive their vehicles safely even when they are headed to a crime scene, responding to an emergency call, or pursuing a suspect during a high-speed chase. According USA today, about 360 people a year are killed during police pursuits alone. Often, innocent bystanders, including pedestrians and the occupants of other vehicles that happen to be on the road at the time are the ones that are injured.

Traffic laws, pedestrian lanes, traffic signals, and other safety measures are in place to prevent California motor vehicle accidents, injuries, and deaths. The rules of the road don't stop applying just because a police officer has a job to do. Police officers must warn others when they are speeding through roads so that motorists and pedestrians can stay out of their way. Cops also must exercise caution by making sure that they don't accidentally cause pedestrian accidents and auto crashes.

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

Deaths lead police to question high-speed chase policies, USA Today, April 23, 2010

Related Web Resources:
Los Angeles Police Department

Wrongful Death Claims, Nolo

The family of 24-year-old Ralph Abinader has filed an Orange County, California wrongful death claim against the city of Newport Beach. Ralph died last year on Christmas Eve when the Ferrari he was a passenger in was involved in a traffic crash on the Pacific Coast Highway. His 18-year-old cousin Luicci Abinader was driving the motor vehicle. Abinader survived the Newport Beach car accident with serious injuries.

According to police, who spoke with the Daily Pilot, the Ferrari was moving at a fast speed when it spun out of control, flipped over a traffic island, split in two, smashed into a tow truck, and burst into flames. Newport Beach firefighters were able to rescue Luicci but could not get to Ralph in time. The 24-year-old was pronounced at the Orange County, California car accident site.

The Abinader family claims that rescue workers were unable to rescue Ralph because they failed to respond quickly enough at the scene. They also contend that the head-on car crash would not have happened if only the city had installed higher traffic barriers in the area where the Ferrari crashed.

California Road Defects
Streets, interstates and highways are usually overseen and maintained by the California Department of Transportation, a county, a city, or another type of local government. If a road defect contributed to causing your Orange County, California car accident, you may be able to file a claim against the municipality or government entity responsible for maintaining the road where the collision happened. Defects or flaws in a road, its intersections, crosswalks, medians, or barriers can be very dangerous for drivers who may not realize that they are about to encounter a traffic hazard. There are specific steps for pursuing this type of Orange County, California injury claim or lawsuit against a government entity.

Claim: Family wants $5M, DailyPilot, May 7, 2010

Huntington Beach man identified as driver in fatal Ferrari crash, Daily Pilot, January 4, 2010

According to preliminary figures provided by the California Office of Traffic Safety, the number of traffic fatalities in California, went down last year compared to 2008. While there were 3,401 California traffic deaths in 2008, there were just under 3,100 California traffic fatalities last year. In Orange County, California, 155 people were killed in 2009, while 162 died in 2008.

According to the California Highway Patrol, increased enforcement, a slower economy (prompting people to drive less), and safer vehicles being made are some of the reasons why traffic deaths in the state have gone down. Also, 540 CHP officers have been hired since 2006.

Having gone down 29% over three years, the California traffic death rate, says the CHP, is at its lowest ever. That's approximately 700 less fatalities and 19,000 less injures in areas that the CHP patrols.

Our Anaheim car accident law firm applauds all successful efforts made to decrease the number of injuries and deaths on state and local roads. In the work that we do, every day we are faced with the catastrophic consequences that can impact someone who was injured in an Orange County, California motor vehicle crash. The more that can be done to make sure that people stop getting hurt in traffic collisions, the better.

In the meantime, the traffic collision injury and death count for 2010 continues to go up. Just today, someone died in an Orange County, California car accident after a Honda Civic drove off the side of the southbound 57 freeway.

Last month, a woman died after she was injured in a Santa Ana pedestrian accident. The victim, Maria Rivera-Garcia was hit by a pickup truck while she was in a crosswalk. Police say that the driver ran a red light. In another Orange County traffic crash, a pregnant woman had to be taken to the hospital after she was involved in 3-vehicle collision on the north bound 55 freeway. All three autos were in the slow lane when the Costa Mesa car crash happened.

Fewer people dying in traffic accidents, OC Register, May 5, 2010

California traffic deaths head toward all-time low, SFGate.com, April 15, 2010

Woman hit by pickup truck dies, OC Register, April 25, 2010

Pregnant woman hospitalized after crash, April 29, 2010

Related Web Resources:
California Office of Traffic Safety

California Highway Patrol

Continue reading "State Reports Approximately 155 Orange County, California Traffic Deaths in 2009" »

Martin Burt Kuehl, the 42-year-old Costa Mesa driver who fatally struck 32-year-old Martha Ovalle as she was crossing a street on August 29, 2008, has been sentenced to four years in prison. As our Orange County, California personal injury lawyers reported in an earlier blog post, Kuehl, who prosecutors say was texting while driving when the Newport Beach pedestrian accident happened, was convicted of one felony count of vehicular manslaughter.

Ovalle, who was a nanny, was crossing the street at the intersection of Buckingham Lane and Westcliff Drive when she was struck by Kuehl's SUV. She was thrown some 72 feet and died from blunt force injuries. She was pronounced dead at the Newport Beach car accident site.

Kuehl was reportedly driving at a speed of 35 mph. While his criminal defense attorney maintained that there was no evidence that Kuehl was texting right before the Newport Beach traffic accident happened, prosecutors maintain that he had a clear view of the crosswalk and enough time to notice Ovalle if only he had been looking up. Kuehl's cell phone records indicate that he sent and received texts right before 911 started receiving phone calls about the catastrophic pedestrian accident.

Kuehl, who has served time in prison before for theft crimes, pleaded with the judge not to send him back behind bars.

Orange County, California Traffic Accidents
Ovalle is just one of many people whose lives have been lost because a motorist was talking on the phone or texting while driving. While many people don't fully comprehend that these two seemingly harmless activities can prove fatal, the injury and death figures from distracted driving are indisputable. Motorists who are involved in an Orange County, California car crash because they were distracted in some way are engaging in negligent driving and they can be held responsible in criminal court and in civil court.

Man gets 4 yrs. for deadly texting accident, ABC 7, April 9, 2010

Texting driver gets four years in prison, OCLNN, April 9, 2010

Related Web Resources:
Orange County, California Distracted Driving Accident: Costa Mesa Driver Found Guilty in 2008 Newport Beach Car Crash that Killed Nanny, California Injury Lawyers, February 19, 2010

Distracted Driving, Distraction.gov

Toyota says it experienced the same problem with its 2010 Lexus GX460 SUV that prompted Consumer Reports to issue a rare "Don't Buy" warning to car shoppers. The automaker is in the process of determining what to do about this safety issue.

Already, Toyota has temporarily suspended the sale and manufacture of the GX40 in the wake of concerns brought forth by the popular magazine. The car manufacturer, which has come under fire for waiting too long to act after finding out about the unintended acceleration problems, immediately set about trying to replicate the magazine's findings.

Consumer Reports, known for its vehicle tests and reviews, said that the vehicle's back slid out too far during sharp turns when taken for a test run under simulated conditions. Ideally, the vehicle's electronic stability control is supposed to keep the vehicle from rolling over, but Consumer Report says that during testing, the GX 460 was almost sideways before its ESC responded to remedy the situation.

Another major auto defect is the last problem Toyota needs right now. Last week the automaker recalled 870,000 Sienna minivans (600,000 in the US and 270,000 in Canada) over a corrosion issue that can happen after long-term exposure to road salt, which may cause the spare tire to come off the vehicle and drop onto the road.

The automaker is still dealing with the fallout of recalling over 8 million vehicles in recent months because of brake problems, ill-fitting floor mats, gas pedal problems, and unintended acceleration issues. Dozens of plaintiffs have stepped forward to file auto products liability complaints and wrongful death lawsuits over the defects that have caused catastrophic injuries and killed a number of people. The Us Department of Transportation fined Toyota $16.4 million for its delayed response to the sudden acceleration problems.

Toyota Agrees Lexus S.U.V. Has Problem With Handling, NY Times, April 16, 2010

Toyota conducts safety tests on all SUV models, AP, April 15, 2010

Toyota recalls 870,000 more vehicles amid cable concerns, Financial Times, April 19, 2010

Related Web Resources:

Don't Buy: Safety Risk--2010 Lexus GX 460, Consumer Reports, April 13, 2010

Rollover: The Hidden History of SUV, PBS.org

Continue reading "Preventing Auto Products Liability: Toyota Verifies Safety Problem with 2010 Lexus GX460 SUV Following Rollover Allegations by Consumer Reports" »