Recently in Injuries to Minors Category

March 8, 2010

California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members

Six months after off-duty CHP Officer Mark Saylor, his wife, teenage daughter, and brother-in-law Christopher Lastrella were killed in a California car accident involving a runaway Lexus ES 350, their relatives have filed a wrongful death lawsuit suing Toyota Motor Corp. for damages. In their California auto products liability complaint, the plaintiffs claim that the vehicle was defective and that no proper warnings were given about this. Other defendants named in the complaint are the automaker's US division, the Lexus dealership that lent the vehicle to Saylor while his car was being serviced, and a number of other corporate entities.

The Saylor family and Lastrella were fatally injured on August 28 when their Lexus accelerated to up to 120 mph before driving off the freeway, rolling over, and catching fire. Just before the deadly collision happened, Lastrella called 911 to plead for help. The vehicle occupants thought the brakes had stopped working when in fact, the gas pedal had gotten caught in the driver's side floor mat.

This shocking and preventable cause of the tragic California car wreck has prompted Toyota to recall over five million vehicles so that the gas pedals and ill-fitting floor mat defects can be fixed. Since then, Toyota has recalled other vehicles over brake problems and sticking gas pedals. At least 34 car accident deaths are now allegedly linked to the Toyota acceleration problem that have caused motorists to lose control of their vehicles that then accelerate to high speeds before crashing.

Although Toyota has apologized for these defects that have cost people their lives, the automaker's reputation for safety has taken a huge dent. Of course, for those that have either died or lost loved ones in runaway Toyota car accidents, a mere apology is not enough to make up for such devastating losses.

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Gov't: 34 Deaths Reported From Toyota Vehicles, CBS2.com, February 15, 2010

Related Web Resources:
NHTSA's Advice to Toyota Customers, National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members" »

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March 4, 2010

Prevent Injuries to Children By Placing Choking Hazard Warnings on Labels, Says AAP

The American Academy of Pediatrics want food manufacturers to warn consumers if a food is a choking hazard. The AAP believes that these warnings could go a long way towards reducing the number of child injuries and deaths that are caused by food.

Currently, about one child death every five days occurs from food choking accidents. While some food manufacturers already voluntarily place such warning labels on certain products, there are no federal regulations and laws requiring them to warn about this hazard, which can lead to traumatic brain injuries and fatalities. While kids under age 4 are among the most at risk of accidentally choking on food, choking accidents involving food has been known to injure kids in their early teens. As a matter of fact, thousands of children end up in ER's every year due to accidental choking accidents.

Our Anaheim personal injury lawyers know how devastating it can be to find out that your child was injured or died because someone else was negligent. Food-related defects that can cause serious injuries can be grounds for an Orange County, California products liability lawsuit.

In addition to choking hazard warning labels, the APP is recommending:

• Food recalls for significant choking hazards
• The redesign of certain foods to reduce their choking hazard risk
• Designing new food that pose a low choking hazard
• A nationwide reporting and surveillance system to monitor food-related choking accidents

It doesn't help that some of the foods that kids love to eat, such as nuts, popcorn, and hot dogs are serious choking hazards. Just last week, a 9-year-old boy died after choking on a marshmallow. Pedro Vicente Hernandez was putting together ingredients to make S'mores during a school camping trip when the choking accident happened.

Orange County, California Injuries to Children
A child shouldn't have to choke to death because a food manufacturer designed a food product in a way that makes it dangerous for kids.

Labels urged for foods that can choke kids, CNN, February 22, 2010

Victoria boy dies, apparent choking on marshmallow, Chron.com, March 2, 2010


Related Web Resources:
Kids and Killer Hot Dogs? 3 Tips to Prevent Choking on Food, US News and World Report, February 22, 2010

Food and Drug Administration

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February 26, 2010

Jaycee Dugard, Her Two Daughters, and Mother File California Injury Claim Against the State's Department of Corrections

Jaycee Dugard, the woman who was kidnapped and held hostage for 18 years, has filed a claim notifying California's Department of Correction that she is intending to file a personal injury lawsuit. Her two daughters, who are minors, and her mother, Terry Probin, have also filed their injury claim forms.

Dugard was 11 when Nancy and Phillip Garrido kidnapped her outside her South Lake Tahoe residence in 1991. They held her hostage in a backyard compound and she eventually gave birth to two children by Phillip, who is accused of raping her. The girls are now 12 and 15.

Dugard and her daughters were discovered last August after campus security at UC-Berkeley saw Phillip and thought he was acting strangely. His parole officer brought him in for questioning and he admitted to kidnapping Jaycee.

In California, plaintiffs have six months from the date that an incident occurred to file a personal injury lawsuit. Dugard's California injury claim forms note that she is seeking over $25,000.

The California Corrections Department was supposed to closely monitor Phillip, who became a registered sex offender after he was convicted of raping a 25-year-old woman. He was under parole supervision from 1988 to 1999.

The Office of th Inspector General has determined that the state of California immediately erred in the way they handled Phillip's parole. They mistakenly classified him as a low-risk offender, and an agent who visited Phillip's residence took at face value the parolee's account that the girl who was there was a niece.

The Garridos are charged with kidnapping and raping Jaycee.

In certain California personal injury cases, there may be parties that can be held liable even if their actions or inaction only indirectly contributed to causing the injuries.

Dugard, Family File Claims Against Calif Officials, NY Times, February 26, 2010

Jaycee Dugard Found After 18 Years, Kidnap Suspect Allegedly Fathered Her Kids, ABCNews, August 27, 2009

Jaycee Dugard, Family File Claims Against California, Fox News, February 26, 2010


Related Web Resources:
Jaycee Dugard Abduction Timeline

California Department of Corrections and Rehabilitation

Continue reading "Jaycee Dugard, Her Two Daughters, and Mother File California Injury Claim Against the State's Department of Corrections" »

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February 8, 2010

Two Orange Counties, California Premises Liability Lawsuits Against the City of Huntington Beach

Amber Scott is suing the city of Huntington Beach for Orange County, California personal injury. The 37-year-old woman claims that she broke her elbow during a fall accident on an uneven sidewalk last December.

Scott claims that the city is liable for her Huntington Beach trip and fall injuries because of its failure to check the sidewalk, located on Crest Street close to Main Street. She wants the city to pay for lost wages, related medical costs, and other damages. Scott is asking for at least $25,000.

If you were injured in a trip and fall accident, a slip and fall accident, a step and fall accident, or in an injury accident caused by poorly designed roads, defective sidewalks, poorly lit walkways or stairwells, or other hazardous conditions on a property that is owned by a city, you may have grounds for filing an Orange County, California injury claim that will allow you to seek damages for premises liability.

Just last week, the city of Huntington Beach settled a premises liability lawsuit over injuries to a minor for $30,000. 14-year-old Douglas Young was 12 when he fell in a public alley while riding on a wave board on May 10, 2008. He broke two of the bones in his right arm.

The teenager's Orange County, California injuries to a minor lawyer says there was construction taking place at the time, resulting in broken pavement and potholes in an area that was frequented by kids on skateboards and bicycles. Despite agreeing to settle, the city maintains that it is not liable for Young's Huntington Beach fall accident injuries.

Unfortunately, sidewalk related accidents are not uncommon and can cause painful, debilitating injuries. Broken bones, hip injuries, back injuries, and traumatic brain injuries have been known to happen.

Teen gets $30,000 from city after waveboard crash, OC Register, February 1, 2010

Woman suing for $25,000 after tripping on sidewalk, OC Register, February 5, 2010

Related Web Resources:
Premises Liability, Justia

City of Huntington Beach, California

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February 4, 2010

Jury Awards $31 Million California Car Accident Verdict to Two Sisters Who Sustained Traumatic Brain Injuries

A jury has awarded more than $31 million to two sisters who sustained traumatic brain injuries during a California car crash. The lives of Rosie Landeros, 19, and Marta Perez, 28, were changed forever when a drunk driver who drove past a stop sign struck the vehicle they were riding in on June 15, 2007. The ladies were heading to dinner and a movie at the time.

50-year-old Gustavo Davalos Torres, the driver of the pickup truck that struck them, had a BAC of .16 when the deadly California auto accident happened. He did not sustain serious injuries from the collision.

However, Landeros, then 16, suffered a serious California traumatic brain injury that left her in a coma for six weeks. She is still incapable of walking unassisted because of foot drop paralysis. Landeros now has no memory, cannot control her feelings or emotions, and has a crooked left arm. She will require a lifetime of specialized care.

Perez, who also sustained a traumatic brain injury, recovered enough that she has been able to return to her job as a rehabilitation assistant. She says that since the wreck, she has experienced mood swings and memory problems.

Although he told the California Highway Patrol that he drank 2 - 4 beers, an expert testified that to have a BAC of .16, Torres likely drank 8 - 12 beers. The driver pleaded no contest to felony drunk driving and served half of his three-year, four month prison term.

The plaintiffs' California traumatic brain injury lawyers had asked for up to $300 million on behalf of their clients. Of the $31 million verdict that was awarded, $100,000 will go to Perez. Her sister will receive the rest, minus legal fees.

Traumatic Brain Injuries
A traumatic brain injury can ruin the victim's life. In order to survive and maintain some quality of life, many TBI patients require costly, specialized round-the-clock medical care. Often, the victim and his/her family cannot handle the medical costs without help. This is one of the many reasons why it is important to obtain Orange County, California injury damages from the liable parties.

Kern jury awards sisters $31 million, Bakersfield Now, February 2, 2010

Sisters hurt in drunken driving crash get record $31 million verdict, Bakersfield.com, February 2, 2010


Related Web Resources:
Brain Injury Association USA

The Brain Injury Recovery Network

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January 30, 2010

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI

Findings from a new study by the Highway Loss Data Institute are raising questions over whether distracted driving laws that ban texting and the use of handheld cellular devices while driving is having any effect. The answer may be no.

The HLDI examined insurance claims from car crashes in California, Washington DC, New York, and Connecticut after such bans became laws. Not only did claims rates not go down but also there was no noticeable change in patterns when findings from these states were compared to nearby states where bans have not been instituted.

HLDI says it is gathering more information to find out why there has been no improvement in car crash rates in the wake of the cell phone and/or texting while driving bans. It said that one reason may be that more drivers are using handsfree phones now that handheld devices are off limits.

Contrary to earlier misconceptions, talking on a handsfree cell phone while driving is actually quite dangerous and can also lead to distracted driving car accidents. On January 12, the National Safety Council announced that at least 1.6 million US car crashes each year involved drivers texting or talking on their cell phones.

Our Anaheim car accident lawyers are concerned about the number of Orange County, California car crashes that continue to happen because drivers are texting or talking an a cell phone. Fortunately for the injury victim and his/her family, there are ways to obtain recovery from liable parties.

Meantime, the federal government continues to take steps in its bid to win the fight against distracted driving with a national ban that now makes it illegal for commercial bus and truck drivers to text while driving. Recent findings show that texting increases a commercial truckers' crash risk by up to 23 times.

Study: Distracted driving laws don't stop crashes, Washington Post, January 29, 2010

U.S. Bans Texting by Truck and Bus Drivers, BusinessWeek, January 26, 2010

National Safety Council Estimates that At Least 1.6 Million Crashes are Caused Each Year by Drivers Using Cell Phones and Texting, National Safety Council, January 12, 2010


Related Web Resources:
Cell Phone Laws, Insurance Institute for Highway Safety

Distraction.gov, US Department of Transportation

Continue reading "Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI" »

January 25, 2010

Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections

Jury selection is scheduled to start today in the first of 15 dangerous drug lawsuits against Allergan, an Irvine-based Botox manufacturer. The pharmaceutical company is accused of concealing the dangers that can occur from using the drug.

This Santa Ana, California wrongful death trial involves 7-year-old Kristen Spears, who died in 2007. Over a 17-month period, Kristen, who had cerebral palsy, was given seven sets of Botox injections to relieve her leg spasms. Although the Food and Drug Administration has not approved using Botox in this manner, doctors are allowed to use the drug in medical situations where they believe it will help the patient.

Prior to her Kristen's death, her mother, Dee Spears. says the little girl exhibited symptoms of botulism, including seizures, muscle weakness, and not being able to hold her head up. In 2008, Dee sued Allergan for California products liability. She is convinced that Botox caused her daughter's wrongful death and she is seeking unspecified damages. Allergan, however, disputes the allegations and maintains that Kristen's death was unrelated of the Botox shots.

In May 2009, the Food and Drug Administration demanded that Botox and similar drugs be accompanied with stronger warning labels notifying users that this injectable medication can spread from the injection site to other parts of the body, which can cause serious side effects. Botox is used as an antiwrinkle drug, as well as to reduce muscle rigidity and spasms in adults and children suffering from certain health conditions, such as cerebral palsy.

Botox
Botox comes from botulism toxin, which is a paralytic agent. Botox temporarily stops muscle activity. FDA-approved uses for Botox include treatment for underarm sweating, eyelid spasms, crossed eyes, cervical distonia, and frown lines.

At least 11 people are claiming injuries from using Botox. The families of three other people say that Botox contributed to their loved ones' deaths.

Botox death case heads to trial, OC Register, January 25, 2010

F.D.A. Orders Warning Label for Botox, NY Times, April 30, 2009


Related Web Resources:
Allergan

FDA: Botox linked to kids' deaths, MSNBC, February 8, 2008

Food and Drug Administration

Continue reading "Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections" »

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December 30, 2009

Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment

All but one of the 186 complaints filed against Metrolink over the 2005 train derailment accident on the Glendale border has reportedly been tentatively settled for $39 million. 11 Los Angeles County wrongful death settlements and 15 out of 16 California personal injury settlements have been reached. The rest of the cases involve persons who sustained non-serious injuries.

Over 200 people got hurt when a Metrolink train hit a Jeep Cherokee that Juan Manual Alvarez had left on the train tracks close to Chevy Chase Drive. Until last year's Chatsworth train accident that kill 25 people, the 2005 Glendale train collision was the most catastrophic accident in Metrolink's history. Alvarez is serving 11 life sentences for causing the train derailment.

Recent Los Angeles Train Accidents
On Sunday, a man died in Los Angeles when he was hit by a Metro Blue line train. 65-year-old Ramon Villanueva was standing on the tracks at around 10 am when the deadly train crash happened. The crossing-gate bar, the bell, and lights should have prevented him from crossing the tracks.

Last Wednesday, another 14 people were hurt in a San Fernando Valley train crash when a Metrolink commuter train hit a pickup truck. The truck had just collided with a car before driving into the path of the train.

Six people who were riding in the vehicles were injured---two of them (one of them a baby) were in critical condition. 8 train passengers said they were hurt, but only two victims appear to have been transported to hospitals for minor injuries.

Train Crashes
Each year, about a thousand people are killed in US train crashes. Common causes of train crashes include:

• Negligent train operators
• Train accident with another train
• Engineer errors
• Train defects
• Defective railroad tracks
• Poor maintenance
• A negligent pedestrian or motor vehicle driver
• Toxic or hazardous cargo
• Texting while operating a train

Metrolink reaches tentative $39-million settlement, Burbank Leader, December 30, 2009

Man Killed by Metro Blue Line Train Identified, KTLA, December 28, 2009

LA commuter train hits truck in freak accident, Google/AP, December 23, 2009


Related Web Resources:

Metrolink

California Department of Transportation

Continue reading "Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment " »

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December 18, 2009

CPSC Recalls 447,000 Dorel Baby Carriers and 50 Million Roll-Up Blinds and Roman Shades to Prevent Injuries to Children

To protect children from injuries, the Consumer Product Safety Commission announced two large recalls this week. Today, along with the National Highway Traffic Safety Administration, the CPSC recalled 447,000 Dorel baby carriers following 77 reports of the carrying handle coming off. This creates a hazard that has hurt at least three infants. These injuries have included bumps, bruises, and one head injury.

The carrier can also be used as a stroller and a car seat. The CPSC says the hazard only exists when the handle is used on the carrier, which means it can still be used to secure infants in motor vehicles. Brands that use the Dorel carrier include Cosco, Safety First, Disney, and Eddie Bauer.

With so many parents taking such great care to ensure that they don't accidentally drop their babies or allow them to fall onto the ground unprotected, a child carrier with an improperly working carrier handle can be cause for concern--especially if the baby ends up striking his/head on a hard surface. An experienced Anaheim head injury attorney can help you determine whether you have grounds for filing a products liability claim because of a defective baby carrier.

Just three days ago, the CPSC announced the recall of 50 million roll-up and Roman shades because they can cause strangulation injuries if a child's neck gets tangled in the window covering's cord or becomes trapped between the cord and the blind or shade. At least 16 near strangulations and 8 deaths have been linked to these window coverings since 2001.

The CPSC and Window Covering Safety Council are reminding adults to keep the shade cords away from kids. If a cord does extend low enough for a child to reach, then it needs to be properly secured so the cord can't wrap around a child's neck. Furniture that toddlers and young kids can climb onto should be kept away from corded window coverings.

While recalling defective or hazardous products is a good way to prevent injury accidents from happening, it would be even better if manufacturers were to stop making dangerous and defective goods. Entrapment injuries, choking injuries, strangulation injuries, lead poisoning, and fall-related injuries are just some injuries to children that have been known to happen.

447,000 baby carriers recalled, CNN Money, December 18, 2009

Fall Hazard Prompts NHTSA, CPSC and Dorel Juvenile Group to Announce Recall of Infant Car Seat/Carriers, CPSC, December 18, 2009

Retailers Recall 50 Million Blinds on Choking Risk, Bloomberg, December 15, 2009

Related Web Resources:
Window Covering Safety Council

Baby Products, Consumer Reports

Continue reading "CPSC Recalls 447,000 Dorel Baby Carriers and 50 Million Roll-Up Blinds and Roman Shades to Prevent Injuries to Children" »

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December 17, 2009

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

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" »

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December 10, 2009

9-Year-old Brea Boy Killed in Anaheim Bicycle Accident

In Brea, friends and family gathered to remember Nicholas Vela Mortley, the 9-year-old fourth grader who was killed in an Anaheim bicycle accident on December 3. Nicholas was cycling home from school when he was struck by a pickup truck. The child bicyclist was transported to an Orange, California hospital where he later died.

According to Anaheim police, the driver of the Ford F250, a raised truck, had stopped at a stop sign. Nicholas proceeded to cross the street. The truck then moved forward, striking him. The driver says he never saw the child bicyclist. There is speculation that the truck's height may have prevented the motorist from being able to see Nicholas. So far, no charges have been filed.

Since the tragic Orange County, California bicycle accident, one person who witnessed the accident, a Garden Grove middle school student, has been having trouble sleeping.

Nicholas leaves behind his parents and Kayla, 4, and Leilani, 3.

Child Bicycle Accidents

Second to motor vehicles, Bicycles continue to be the consumer product most associated with child injuries. One reason for this is that so many children in the 5 - 14 age range are bicycle riders.

According to the National Highway Traffic Safety Administration's 2008 Traffic Safety Facts, 12% of pedalcyclists that died in 2008 were kids between the ages 5 to 15. This age group's injury rate was 293/million population. The injury rate for all pedalcyclists is 172.3/million population. 109 California pedalcyclists died last year.

In 2007, the Center for Injury Research and Policy at Nationwide Children's Hospital published a study in the journal Injury Prevention regarding young bicyclist injuries. Among the findings:

• About 10,700 young bicyclists a year spend about three days in the hospital for their bicycle injuries.
• 1/3 of child bicyclists injured sustained traumatic brain injuries during their bicycle accidents

Loved ones say goodbye to 9-year-old boy killed while riding bike, OC Register, December 9, 2009

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


Related Web Resources:
Safe Kids USA

Injury Prevention

Continue reading "9-Year-old Brea Boy Killed in Anaheim Bicycle Accident " »

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December 2, 2009

Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training

The family of Alyssa Squirrell, the 11-year-old jr. lifeguard who died when she was struck by a boat during a training exercise in the ocean, has filed an Orange County, California wrongful death claim against the city of Huntington Beach. The complaint, filed on November 12, accuses lifeguard Lt. Greg Crow of negligent boat operation. The city of Huntington Beach runs the Jr. Lifeguard program.

Alyssa, a Laguna Hills resident, sustained leg and hip cuts when the boat struck her. She was in the water waiting to join her training group when the boat operator turned the boat around, causing the propeller to strike her. Alyssa was pronounced dead after surgery.

Following an investigation into the tragic accident, Orange County, California prosecutors have decided not to file criminal charges against Crow.

California Boating Accidents
Most boating accidents are caused by operator inattention or inexperience. Drunk driving while operating a vessel has also caused unnecessary boating injuries and deaths.

Boat operators owe a duty of care to operate their vessels safely. Failure to fulfill this duty of care can lead to criminal charges, as well as to California personal injury or wrongful death claims if other people are injured as a result of boat operator negligence even if the boat operator never intended to harm the victims. Many California boating accidents are preventable.

Family files claim in junior lifeguard death, OC Register, November 19, 2009

No charges in junior lifeguard death, ABC 7, November 10, 2009


Related Web Resources:

2007 California Boating Safety Report (PDF)

Huntington Beach Junior Lifeguards

Continue reading "Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training" »

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October 30, 2009

Orange County, California Jury Deliberates on Fatal Huntington Beach Bicycle Crash Case

Jury deliberations started yesterday in the criminal trial of Jeffrey Woods, the 22-year-old man who fatally struck 14-year-old Orange County, California bicyclist Danny Oates in a 2007 Huntington Beach car crash.

Prosecutors say that Woods was on two prescription drugs when he hit Oates's bicycle, causing him to be thrown 100 feet. They also are accusing the 22-year-old driver of texting while driving. They say the defense's claims that Woods was suffering from an epileptic seizure at the time of the Huntington Beach bicycle accident is bogus.

While witnesses for the defense provided testimony that Woods was having a medical episode, the prosecution noted that Woods' family has said that he didn't have a history of seizures.

Woods is charged with one felony count of driving under the influence and causing bodily injury and one felony count of vehicular manslaughter with gross negligence while intoxicated. If convicted, he could face up to 10 years behind bars.

Woods was also injured in the deadly traffic collision. He sustained multiple leg fractures and nearly severed his right foot. He has undergone at least nine surgeries to treat the injuries he sustained.

Last year, Oates' parents filed an Orange County, California wrongful death claim against the city of Huntington Beach. They wanted drivers to be warned more clearly when there might be students commuting to and from school.

Proving Liability in an Orange County, California Traffic Accident
Fatal traffic crashes are always a tragedy for those involved--especially for the victim and his or her family. While accidents do happen, those responsible for causing injuries and deaths must be held accountable for the harm, pain, and suffering that occurred as a result of their negligent conduct. Depending on the specifics of a case, the responsible party may be a negligent driver, a city that failed to install a crosswalk or design an intersection in a way that would minimize the chances of a car crash, the manufacturer of a defective auto part, or another liable party.

Jury begins deliberations in teen bicyclist's death, OC Register, October 29, 2009

Trial to begin in death of 14-year-old Danny Oates, Huntington Beach Independent, September 23, 2009

Deadly Huntington Beach Bicycle Accident Revisited: Families of Teen Victim and Defendant to Plead Over Plea Agreement, CaliforniaInjuryLawyers, May 15, 2009


Related Web Resources:
NHTSA

Huntington Beach Official City Web Site

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October 29, 2009

Recent Anaheim Car Accidents Result in Injuries and Deaths

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" »

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October 28, 2009

$75 Million Orange County, California Personal Injury Claim Blames City of Westminster for Dangerous Road Condition that Left Teenager in a Coma

The father of 17-year-old Adam Wilhite has filed a $75 million Orange County, California personal injury claim on behalf of his son, who is a minor, against the city of Westminster. Kurt Wilhite is blaming the city for a dangerous road condition at the intersection where the pedestrian accident that left his son in a coma happened on the evening of October 19, 2008.

Kurt's claim accuses the city of neglecting to provide proper signage, lighting, and other safety features at Sowell Avenue and Goldenwest Street. He says there are no crosswalks in the area that pedestrians can safely use.

Meantime, a police report blames Adam, a Huntington Beach High school student, for causing the traffic accident. Police claim the teenager was outside the unmarked crosswalk when he tried crossing the road and did not yield the right-of-way to vehicles that were close enough to be an "immediate hazard" to him. The report also says the street lights were on when the Orange County, California pedestrian accident happened.

Kurt, however, disagrees that the accident was his son's fault. He also wants to know how fast the female driver that struck his son was going. The motorist was not charged with any crime or cited for the Orange County, California car accident.

Adam is still in a Level 3 coma at an Orange hospital. He can open his eyes but is motionless, save for a few involuntary gestures. To date, his medical expenses have already cost the family over $2.5 million. Kurt and his wife, who lost their jobs following the economic collapse., no longer have insurance. They must pay approximately $2,400/month in co-payments. Adam is on Medi-Cal.

Dangerous Road Conditions
Dangerous road conditions can cause catastrophic pedestrian accidents and car crashes. It is the responsibility of the entity or entities in charge of overseeing a road to make sure it is designed in such a way that people are protected from becoming the victims of traffic accidents. This responsibility can extend to installing stop signs, traffic lights, road bumps, pedestrian lanes, bike lanes, and other safety devices. Failure to make sure that a road is free from defects or other hazards can be grounds for an Orange County, California injury lawsuit.

Father files $75 million claim over son's accident, OC Register, October 28, 2009


Related Web Resources:
Definition and Assessment of Coma, Miami.edu

City of Westminster

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