California Injury Lawyers Blog

Michael Edwards' family is has filed a $10 million wrongful death claim against the city of Irvine for his Orange County, California motorcycle accident death. The 23-year-old was killed last July in an Irvine motorcycle crash involving a motor vehicle.

The deadly traffic crash happened when a Mercedes-Benz made an illegal left turn in front of the Edwards, who couldn't stop his bike in time. Edwards died at the traffic crash site.

According to the Orange County, California wrongful death claim, the city of Irvine is liable for the collision because the street where the deadly motorcycle accident happened lacked road warnings or signage. As a result, motorists may not have realized that turning left onto Wisteria from Walnut was illegal.

David Dietrich, the Mercedes's driver, pleaded guilty to the criminal charges of failure to obey traffic signs and vehicular manslaughter without gross negligence. His sentence includes 300 hours of community service and 3 months on probation.

Cities are responsible for making sure that roads are properly designed and that all the necessary traffic signs, lights, and lanes are in place to ensure that there is safe flow of traffic in all directions. Dangerous roadways can cause deadly Orange County, California motor vehicle crashes. In the event that this happens in a California city, you may have grounds for filing a personal injury claim. If you and the city are unable to reach an agreement, you may choose to pursue a civil lawsuit.

It is always tragic to lose someone you love--especially if the cause is a traffic crash that could have been avoided. Motorcycle riders only have their helmets and protective clothing (if even that) to protect them during a crash. Although many people wrongly believe that motorcyclists tend to drive their bikes at high speeds without full regard for their own safety, this is usually not the case. Spinal cord injuries, traumatic brain injuries, burn injuries, broken bones, and internal injuries can be the unfortunate result.

You may not be able to bring your loved one back, but you can hold those responsible liable in civil court.

Claim: Dangerous Irvine roadway caused fatal collision, OC Register, February 4, 2010

Related Web Resources:
City of Irvine

Motorcycle Accidents, NHTSA (PDF)

According to new research findings, some traumatic brain injury patients may be suffering from a decreased ability to process emotions. This impairment can be frustrating for the TBI patient, as well as family and friends. Not only can emotional processing problems place a strain on personal relationships, but it slow down the TBI victim's recovery time.

Head injury specialist Roger Wood, a University of Swansea professor, and Claire Williams conducted the studies on TBI patients. The two of them asked brain injury patients to take a neuropsychological test questionnaire called a "Balanced Emotional Empathy Scale." TBI participants consistently scored twice as low as did control subjects.

Wood and Williams also found that more TBI patients suffered from Alexithymia than originally thought. People with alexithymia have a harder time recognizing and describing what they are feeling, which can be very frustrating for both patients and those around them. During one study, TBI patients exhibited an impaired ability to identify the emotions of people they saw on video and in photos.

Emotional processing problems is just one of many impairments that an Orange County, California traumatic brain injury victim may face. Communication difficulties, memory problems, personality disorders, mood swings, cognitive impairments, limited physical functioning, brain disorders, and coma are some of the other effects that a person with a TBI might experience.

The medical costs for treating and supporting someone with a serious TBI can be astronomical. Round-the-clock nursing care, specialized medical equipment, complicated and ongoing medical procedures, physical therapy, psychotherapy, and multiple drug prescriptions may be required. You may need help beyond an individual medical insurance plan to cover all costs. Obtaining financial compensation from a liable party can help cover your TBI-related bills and associated expenses.

Traumatic Brain Injury leads to problems with emotional processing, Psychology Today, January 3, 2010

What is Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Strokes

Related Web Resources:
The Balanced Emotional Empathy Test (BEES)

Traumatic Brain Injury Services of California

Continue reading "Some Orange County, California Traumatic Brain Injury Patients Suffer from Emotional Processing Problems " »

Police in Orange County, California are getting help from the state to combat drunk driving with $400,000 in grants for 2010. The Office of Traffic Safety is planning to call next year the "Year of the Checkpoint" and is announcing $8 million in checkpoint grants statewide. The Orange County, California cities that received checkpoint "mini-grants" include Yorba Linda, Westminster, Seal Beach, Placentia, Orange, Laguna Beach, La Habra, Irvine, Garden Grove, Fullerton, Cypress, and Costa Mesa. Over 250 checkpoints are to be set up beginning the end of this week and into the first weekend of the New Year in an increased effort to stop drunk drivers and prevent more California car crash deaths.

The increased emphasis in checkpoints in the last three years has decreased the number of California drunk driver-related deaths. However, in 2007, Santa Ana ranked number 5, Costa Mesa ranked number 2, Anaheim was number 8, and Newport Beach was number 3 (population size plays a part in a city's ranking) among California cities for having the most number of alcohol-related injuries and deaths.

As long as people continue to get injured or killed by drunk drivers, there will always be more that law enforcement authorities can do to prevent alcohol-related collisions from happening. On Saturday, Costa Mesa authorities arrested a 20-year-old woman for allegedly striking a man during a Newport Beach pedestrian accident. Shana Lynne Calderon is accused of drunk driving, hit-and-run, and driving without a license. The victim sustained serious head injuries.

Also, in another Orange County, California drunk driving accident, prosecutors have charged 22-year-old Jessica Lynn Shekell with two felony counts of vehicular manslaughter with gross negligence while intoxicated. The Anaheim woman's BAC was 26% when she drove her pickup the wrong way on October 26 and struck the pickup truck driven by Sally Miguel, 49. Miguel and her sister Patricia died from their injuries. Sara Miguel, 11, and Mary Miguel, 15, sustained internal injuries. Shekel suffered arm fractures and facial trauma. At her arraignment on Tuesday, she pleaded not guilty to the criminal charges.

Police plan big crackdown on drunk driving, OC Register, December 17, 2009

Woman charged with killing 2 while driving wrong way, drunk, OC Register, December 17, 2009

Woman arrested in hit-run accident, Daily Pilot, December 12, 2009

Related Web Resources:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

California Office of Traffic Safety

Continue reading "Local Police Agencies Attempt to Prevent Orange County, California Drunk Driving Accidents with Year-End Enforcement Blitz" »

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

Monday was a busy day for Anaheim car accidents in Orange County, California. Just before 3am on State Route 91, a wrong-way driver crashed head-on into another vehicle, killing two people and seriously injury two children.

Police say that the driver, 21-year-old Jessica Shekell, may have been driving drunk when she crashed her pickup truck into a Chevrolet Silverado. Sally Miguel, 44, was driving the Silverado. She was pronounced dead at the Orange County, California car crash site. 30-year-old Patricia Miguel, who was the front seat passenger, was pronounced dead at a Santa Ana hospital.

The two young sisters, ages 11 and 15, were transported to an Orange, California hospital. The 11-year-old's injuries have been called major. None of the car accident victims, except for Shekell, were wearing seatbelts when the traffic crash happened.

At around 8:20 that same morning, a woman was injured during an Anaheim pedestrian accident that occurred on Crescent Avenue. A Toyota Paseo hit the victim. Police say she wasn't in the crosswalk when the Anaheim traffic crash happened. The driver of the Toyota was not cited over the accident.

A few hours later, at around 12:30p, three people sustained injuries when a Mercury Mountaineer and a Toyota Camry collided at State College Boulevard and Lincoln Avenue. The Mountaineer rolled over and its driver, a woman, was taken to a hospital. The Camry's occupants sustained minor injuries and were not taken to a hospital. Police are trying to determine who caused the Anaheim car accident.

There are many reasons why Anaheim car accidents happen. Often, those involved will provide conflicting accounts and are not always inclined to assume responsibility for fear of liability. A person injured in an Orange County, California car accident caused by another responsible party may need to hold those accountable liable. In some cases, the liable party may not even be another motorist.

Wrong-way driver in Anaheim could face drunk-driving charges, authorities say, Los Angeles Times, October 26, 2009

3 injured in 2-vehicle accident in Anaheim, OC Register, October 26, 2009

Woman injured after struck by vehicle, OC Register October 26, 2009

Related Web Resources:
National Highway Traffic Safety Administration

California Department of Motor Vehicles

Continue reading "Recent Anaheim Car Accidents Result in Injuries and Deaths" »

In Yorba Linda, an 80-year-old Placentia bicyclist died on Wednesday when she was struck by a pickup truck. According to Brea Police, Edelgard Owens was in a crosswalk on East Imperial Highway and Prospect Avenue at around 5:40 pm when the deadly Orange County, California bicycle accident happened.

The driver of the pickup truck, a woman, was arrested on suspicion of drunk driving. Further investigation, however, revealed that the driver was not driving under the influence when she allegedly struck Owens.

NHTSA 2008 Bicycle Accident Facts:

• 109 California pedalcyclist deaths
• 716 US pedalcyclist fatalities
• 52,000 pedalcyclist injuries
• The average age of pedalcylists who died last year was 41
• The average age of pedalcyclist injury victims was 31
• 13% of pedalcylists that died were younger than 16
• The majority of pedalyclist victims were males
• Alcohol was involved in 37% of pedalcyclist deaths

In sunny California, riding a bicycle is a popular activity, which increase the chances of Orange County, California bicycle crashes occurring. Bicyclist will usually just have their helmet and protective clothing to cushion them from the impact of colliding with a motor vehicle or the pavement (if the cyclist is thrown to the ground). Unfortunately, gear as protection is often not enough to prevent serious injuries or death.

Common Kinds of Bicycle Injuries:

• Traumatic brain injuries
• Spinal cord injuries
• Facial injuries
• Road burns
• Fracture
• Broken bones
• Organ damage
• Head injuries
• Death

Common Bicycle Crash Scenes Involving Negligent Drivers:

• A motorist fails to yield
• A driver doesn't see the cyclist
• A car rear ends a bicycle
• A driver getting out of a car accidentally hits the bicyclist with the vehicle's door

80-year-old bicyclist dies after being hit by pickup, OC Register, October 21, 2009

Bicyclist and Other Cyclists, NHTSA 2008 Traffic Safety Facts (PDF)

Related Web Resources:
Bicycle Rules and Safety, California DMV

Bicycle-Related Injuries, CDC

In May 2007, Drew Bianchi was a 21-year-old college student who was going on a camping trip. The course of his future, however, took a catastrophic turn when he was struck by a tractor-trailer that had just crashed with another large truck on Pacheco Pass. Because of his traumatic brain injury that he sustained in the California truck crash, Bianchi can no longer live a normal life and must be attended to by a medical professional 24 hours a day.

Following a five-week California traumatic brain injury trial, the jury found Samuel Bimbela, the driver of the truck that struck Bianchi's vehicle, 60% liable, the state of California 5% liable, and Gordon Trucking and the driver of the other tractor-trailer 35% liable. They awarded Bianchi $49 million in damages--$13.5 million for general damages, $4.5 million for future lost wages, $3.4 million for past medical expenses, $27.6 million for future medical costs.

Living with a traumatic brain injury can be tough. Depending on the kind of TBI that a person has, he or she may not be able to speak, understand what someone else is saying, have problems processing thoughts or emotions, experience memory loss, suffer from vision or hearing problems, suffer from sensory loss, experience serious loss of physical mobility, suffer from bladder or bowel problems, experience chronic pain, and become depressed or aggressive.

A person with a TBI may not be able to live independently, which can take an emotional and financial toll on the patient, friends, and family members.

Orange County, California Truck Accidents
For many Orange County, California truck accidents, paying for traumatic brain injury care can be extremely challenging, which is one reason it is important to obtain the maximum recovery possible from all liable parties. It can also provide a sense of relief to hold the responsible entities or persons accountable for your injuries, losses, pain, suffering, and other damages.

Calif. Jury Awards $49 Million in Personal Injury Case, The Recorder, September 24, 2009

Traumatic Brain Injuries, Neurology Channel

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

A woman has filed a California dangerous drug lawsuit against pharmaceutical company Bayer. Susan Galinis claims that the Yaz birth control pill caused her stroke in June 2008.

Her Yaz lawsuit accuses the pharmaceutical company of failing to properly research the contraceptive and neglecting to warn about the stroke risk. In 2008, the Food and Drug Administration cited Bayer for what it called misleading and false advertising that failed to properly describe side effects and overstated the ways in which the pill had been approved for use.

Galinis, 39, was taking Yaz to alleviate premenstrual cramp pain. She had been using the contraceptive for 29 days when she had the stroke. To save her life, doctors had to remove part of her brain and skull. She was confined to the hospital for six months.

Her IQ is now 77, which is considered borderline mental retardation, and she has no short-term memory.

As of October 8, at least 129 products liability lawsuits have been filed against Bayer over Yas and Yasmin. The latter is an older version of the Yaz pill.

Just last month another woman sued Bayer for blood clotting injuries that she says caused her unborn daughter's stillbirth. Candice Richardson, who was prescribe Yaz/Yasmin, was 27 weeks pregnant at the time. Her wrongful death lawsuit names Bayer Healthcare Pharmaceuticals Inc., Bayer Corp., and Bayer Healthcare LLC as the defendants.

Richardson is alleging California products liability, including design and manufacturing defect, negligence, inadequate warning, Deceptive Trade Practices Act violations, negligent misrepresentation, and breach of warranties.

Drug makers are obligated to make sure that the medications that they manufacture are free from defect and are not dangerous for users. They also must specify how the drug must be used and notify users of the possible side effects and risks that can arise.

Bayer Goes to Court over Yaz, LawyersandSettlements, October 20, 2009

Woman alleges pill caused death of unborn baby, sues drug maker, The Southeast Texas Record, September 29, 2009

Yaz Stroke Lawsuit Filed in California, About Lawsuits, October 20, 2009

Related Web Resources:

Yaz

Bayer

A Birth Control Pill That Promised Too Much, NY Times, February 10, 2009

Continue reading "Yaz Lawsuit: California Dangerous Drug Complaint Filed Against Bayer " »

Attorneys on both sides have been arguing over whether Entercom Communications Corporation should be held liable for Jennifer Strange's California wrongful death. The company owns KDND 107.9FM and five other radio stations.

Strange, the mother of three, died in January 2007 from acute water intoxication after participating as a contestant in the radio station's "Hold Your Wee For A Wii" promotion. Contestants had to drink different quantities of water during the radio station's "Morning Rave" program. Participants were kicked out of the contest if they threw up or had to go to the bathroom. The winner received a Nintendo Wii.

Strange drank over two gallons of water during the contest but did not win. She received Justin Timberlake concert tickets as a consolation prize. During the contest, she reportedly said that her head hurt and the DJ's noted that her stomach appeared bloated.

Hours after the contest, a relative went to Strange's home and discovered her body.

According to the Sacramento Press, a woman claiming she was a nurse called the Morning Rave show to warn that serious health problems that could arise from the contest. The shows DJ's, however, decided to hold the contest despite her advice.

Water Intoxication
Water intoxication occurs when a person drinks too much water. Human tissues can swell due to the excess fluid, which can cause a person's sodium concentration to drop. He or she may also experience the same physical effects that happen when a person is drowning, including fluid in the lungs, pressure in the brain, coma, and death.

Following Strange's death, KDND fired several staff members.

The California injury lawyers representing Strange's family says that the 28-year-old died because the radio station cared more about ratings than about the health risks the contest posed. Attorneys representing Entercom, however, say that their client did not know that anyone could die from voluntarily drinking a lot of water.

The family members of a person that dies because of another party's negligence are entitled to file a California wrongful death lawsuit to obtain financial compensation for their suffering and loss.

Radio contest wrongful death suit opens, UPI.com, September 8, 2009

ury Selection Begins In Radio Station Water Death Suit, Sacramento Press, September 8, 2009

Woman dies after water-drinking contest, MSNBC, January 13, 2007

Related Web Resources:
KDND 107.9FM

Entercom Communications Corporation

Continue reading "California Wrongful Death Trial Examines Water-Drinking Contest that Led to Acute Water Intoxication Fatality" »

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 " »

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

The California Highway Patrol says that yesterday's Orange County, California motor vehicle collision near South Coast Plaza sent four people to the hospital. The Costa Mesa car crash took place toward the end of rush hour. The accident victims reportedly suffered trauma injuries.

The California Highway Patrol is looking into the cause of the Southern California car accident but so far the details are unclear. Both of the vehicles involved in the motor vehicle collision, a Toyota Sequoia pickup and a Toyota Corolla, ended up next to each other in a ditch.

Serious injuries sustained in Costa Mesa traffic crashes can be very costly to treat and recover from. It is important that you speak with our Orange County, California car accident law firm to see whether you have grounds for a personal injury case.

California Traffic Accidents
According to the US Department of Transportation, there was a decrease in the number of California traffic crashes between 2008 and 2007. 3,434 people died last year, compared to the 3,995 California traffic deaths in 2007.

More 2008 California Traffic Facts (NHTSA):
• 2,023 passenger vehicle occupant deaths
• 1,029 drunk driver-related deaths
• 1,141 traffic deaths involved speeding
• 560 motorcycle deaths
• 620 pedestrian deaths

Except for motorcycle fatalities--there were 518 California motorcycle deaths in 2007--all of these categories showed a decrease in fatalities compared to the year before. This decline mirrors the nationally drop in traffic deaths.

The NHTSA reports 37,261 highway deaths last year compared to 41,259 the year before. The trend appears to be continuing for 2009. From January - March 2009, 7,689 people were killed in US traffic accidents compared to January - March 2009 when there were 8,451 traffic deaths.

While it is positive that there has been a decrease in California highway crashes, our Orange County, California personal injury law firm is aware that too many people continue to die in Southern California motor vehicle crashes in Irvine, Newport Beach, Laguna, Costa Mesa, Huntington Beach, and other cities throughout the county.

We know how hard it is to cope with your injuries or a loved one's death from a motor vehicle crash and we know how important it is that you obtain your financial recovery.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009

2-vehicle wreck on I-405 sends 4 to hospital, OC Register, July 15, 2009

Related Web Resources:
2004-2008 Traffic Safety Facts, California, NHTSA

Early Estimate of Motor Vehicle Traffic Crash Fatalities for the 1st Quarter of 2009, NHTSA, June 2009 (PDF)

2008 Traffic Safety Annual Assessment, NHTSA (PDF)

Continue reading "Supreme Court Says Drug Maker Can Be Sued for Personal Injury Even if Medication and Accompanying Warning Label was FDA Approved" »