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Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online

January 29, 2012,

Christos and Lesli Catsouras have settled their Orange County personal injury case with the California Highway Patrol. The Catsouras had sought damages for emotional pain and suffering after car accident photos of their daughter Nicole Catsouras were leaked online. The images, which included shots of Nikki's disfigured remains, became accessible on hundreds of Web sites.

The 18-year-old was nearly decapitated after crashing her dad's Porsche 911 Carrera into a concrete tollbooth on State Route 241 close to Lake Forest on October 31, 2006 while driving at 100 mph. She died instantly.

Not long after her death, her family, who weren't allowed to see Nikki after her death because her body was so badly damaged, began receiving anonymous text messages and e-mails containing pictures from the Orange County, California car accident site, including photos of Nikki's body. The images also started to show up online, including on a bogus MySpace page that at first appeared to be a tribute page but in fact was not. The family says that there was even a time when the photographs could be found on 1,600 Web sites in 50 nations.

The photos had been taken by CHP officers and then e-mailed outside the department. The release of the accident pictures to the public was reportedly not intentional. The family, however, have said that their grief was compounded by the ongoing nightmare of knowing they could pull up the grisly photos of Nikki on the Internet at anytime. They decided to sue the CHP for damages, seeking $20 million. Although many of the pictures have been removed from the Internet, there are some that are still available.

The CHP has taken responsibility for the photo leaks and said that two dispatchers, who didn't realize their conduct was wrong, sent the images to family and friends that Halloween. One dispatcher, Thomas O'Donnell, has been released from the lawsuit. The other dispatcher, Aaron Reich, has filed for bankruptcy. Although O'Donnell was reprimanded, he still has his job. Reich resigned for what he said were unrelated reasons.

A judge had dismissed the family's Orange County, California personal injury complaint in 2008. Later however, an appellate justice panel found it to have merit after a state law was rewritten granting surviving family members' privacy rights as they relate to images of the decedent in certain situations.

"Losing a loved one is hard enough without having anyone compound your pain and suffering further, said Howard Law PC founder and Anaheim Personal Injury Attorney Vincent Howard. "Even if that party didn't directly cause the death, he/she/the entity could be held liable for other acts of negligence."

It can take years, even a lifetime, to heal from the unexpected and tragic loss of a loved one. In addition to the sadness, anger, or loneliness you may feel, there also may be regrets, questions left unanswered, and the void left behind that can never be filled. If you were the one who was injured, there is your pain and suffering to take into account.

"We know that injuries can also be emotional or mental and they can prove just as damaging (if not more so) than physical injuries in their own way," said Orange County, California Personal Injury Attorney Vincent Howard.

Catsouras family settles lawsuit over grisly crash images, OC Register, January 30, 2012

Nikki Catsouras Crime Scene Photos Haunt Deceased Teen's Family, Discovery, May 5, 2009

Family's Nightmare: Daughter's Accident Photos Go Viral, ABC News, July 1, 2008


More Blog Posts:

Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail, California Injury Lawyers Blog, January 27, 2012

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian, California Injury Lawyers Blog, January 25, 2012

Rep. Gabrielle Giffords Resigns from Congress to Focus on Recovery from Traumatic Brain Injury, California Injury Lawyers Blog, January 24, 2012

Continue reading "Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online" »

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian

January 25, 2012,

More legal trouble for Lindsay Lohan as she finds herself the defendant of another Los Angeles motor vehicle accident lawsuit. This time, the plaintiff is a woman who claims she suffered serious, disabling injuries when she was struck by the actress's Maserati. Nubia Del Carmen Preza is seeking damages for personal injury, anguish, pain and suffering, lost wages, and medical bills.

Preza says she was walking through a West Hollywood intersection in September 2010 when the Los Angeles pedestrian accident happened. Lohan's spokesperson says that they haven't seen the complaint yet.

It was just earlier this month that a member of the paparazzi sued Lohan for injuries he claims he sustained in a Los Angeles traffic accident involving Lohan who was the passenger of another car. Grigor Balyan says that while taking pictures of the actress he was hit by the vehicle transporting her as it rushed to leave a Hollywood club. He says he sustained neurologic and orthopedic injuries.

Last year, Lohan settled another Los Angeles car accident lawsuit filed by Tracie Rice, who was riding in a car driven by the mom of Lohan's ex-personal assistant, who had just quit that job. Rice sought damages for infliction of emotional distress and assault after Lohan chased their vehicle in 2007. Rice said she feared for their lives.

Lohan was arrested by police and charged with driving under the influence of alcohol, bringing a controlled substance into custody, possession of cocaine, and driving on a suspended license. She later pleaded guilty to drugged driving, drunken driving, and reckless driving.

Meantime, another Los Angeles injury lawsuit against Lohan over the same incident is still pending. Ronnie Blake, Dante Nigro, and Jakon Sutter say Lohan endangered them when she hijacked their vehicle while they were still in it to pursue the other car.

Los Angeles Car Accidents
If you were seriously injured in a Los Angeles car accident, pedestrian accident, motorcycle collision, truck crash, bus accident, or any type of motor vehicle collision, do not hesitate to contact Howard Law, PC today. "With the tens of thousands of people that are injured and killed in traffic crashes, it is important that you know that you have legal options--especially when your injuries result inexpensive medical bills, lost wages, physical and emotional trauma, funeral expenses, or the loss of a loved one," said Los Angeles County Personal Injury Attorney Vincent Howard.

It is important that you not speak with the other party or their insurance company without speaking to a lawyer first. If possible, make sure to get the other driver's contact information and insurance information while documenting your account of what happened. Collect the contact information of witnesses and call a Los Angeles motor vehicle accident lawyer immediately.

"Sometimes victims get intimidated by the process and the other parties involved. With an experienced Los Angeles injury attorney on your side," the steps you need to take to obtain your financial recovery becomes much less daunting and achievable," said Anaheim Personal Injury Lawyer Vincent Howard.

Lohan sued by pedestrian allegedly struck by star, KTRV, January 25, 2012

Sued By Paparazzo Over Car Accident, TMZ, January 10, 2012

Lindsay Lohan settles suit over 2007 highway chase, Boston.com, May 27, 2012


More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Continue reading "Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian" »

Balboa Island Ferry Accident: Passengers Rescued as Dodge Minivan Sinks into Newport Beach

January 18, 2012,

A family of four was pulled to safety on Friday after the Dodge minivan they were in was pushed off the Balboa Island Ferry and into the water at Newport Beach. Their motor vehicle then proceeded to sink. Fortunately, no one was hurt in the Orange County, California motor vehicle accident.

According to witnesses, the minivan fell off the boat after it was rear-ended by a Mercedes-Benz that accelerated suddenly as it drove onto the ferry. The impact of the collision shoved the Dodge vehicle through a metal safety arm and overboard. The driver of the Mercedes, Lisa Rene-Blaisure Waite, has told investigators that the accelerator on her vehicle had gotten stuck.

As soon as the minivan fell in the water, a ferry worker jumped in to rescue Kuo-Hsuan Chang, Lung-Hsn Chu, and their two young children, Ping Chung Chang, 6, and Ko Chan Chang, 4. Two boaters in their vessels also helped retrieve the family, who are from Taiwan but were vacationing in Orange County, California. Fortunately, no one was hurt.

While this story has a happy ending, California ferryboat accidents can result in serious injuries and even death. In addition to boat collisions, sinking ferries, falls overboard, and drowning accidents, Orange County, California injury accidents can occur on these vessel. For example, a ferry boat passenger can get hit by a vehicle driving onto or off the ferry, sustain a traumatic brain injury in a slip and fall accident, or become the victim of a violent crime. There may be more than one party that should be held liable for your Newport Beach personal injury on a boat.

"There are steps that boat operators should Take to protect passengers from Orange California, injury accidents," said Newport Beach boating accident attorney Vincent Howard."

A personal injury case against a ferry, tour boat, or any other vessel is not the kind of case that you want to handle without the help of an experienced Newport Beach boating accident law firm that knows how to protecting your interests and legal rights.

A few common causes of boating accidents:
• Operator inattention
• Improper lookout
• Negligent operation
• Inadequate security
• Inadequate safety measures and procedures
• Engine failure
• Speeding
• Failure to keep a proper lookout

All ferries have to be in compliance with US Coast Guard safety regulations. This includes having at least the minimum amount of properly trained seamen on board, in addition with the necessary rescue boats, life rafts, and slides. Safety hazards need to be eliminated or prevented, such as making sure that the car deck isn't too crowded and the proper prevention measures to keep passenger from falling off the vessel are in place.

To schedule your free case evaluation, contact Howard Law, PC and ask to speak with Newport Beach Injury Attorney Vincent Howard.

Parents, kids rescued as van bumped off ferry, OC Register, January 13, 2012

Boater helps rescue family from sinking van in Newport Beach, Los Angeles Times, January 14, 2012


More Blog Posts:
Huntington Beach Wrongful Death Lawsuit in Fatal Jr. Lifeguard Boating Accident is Scheduled for Trial, California Injury Lawyers Blog, November 27, 2011

Huntington Beach Boat Accident Blast Injures Eight People, California Injury Lawyers Blog, November 26, 2011

Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training, California Injury Lawyers Blog, December 2, 2009

Continue reading "Balboa Island Ferry Accident: Passengers Rescued as Dodge Minivan Sinks into Newport Beach" »

Xerox Settles Los Angeles Wrongful Death Lawsuit Over Fatal Pedestrian Accident for $5M

January 13, 2012,

The family of Elvira Gomez has settled their Los Angeles wrongful death lawsuit against
Xerox Corporation for $5 million. Gomez, 63, was killed in a California traffic accident in April 2009. The driver of the vehicle that struck Gomez, Eduardo Delgado, was driving a Xerox motor vehicle at the time of the pedestrian accident. He also had a history of driving under the influence.

According to their Orange County, California wrongful death lawyer, Xerox allowed Delgado to continue driving even though he'd had two DUIs. The company never checked his driving record. Delgado continued to drive for the company even after his license was suspended for two years. (At the time of the pedestrian accident that killed Gomez, Delgado had yet to reapply for a new license.) At least one other Xerox employee has multiple DUI's. Now, Gomez's family is seeking to push for a state law that would require businesses with at least 10 employees that are authorized to drive to register these individuals in a DMV program that would issue notices if any of them are convicted for serious traffic violations.

Motor Vehicle Crashes
If your loved one was killed in a traffic crash that was caused by a driver who was operating his/her vehicle as part of the job, you may be able to pursue damages not just from the negligent motorist, but also from his/her employer. California law can hold employers accountable for wrongful acts performed by an employee while that person working. This includes making sure that an employee isn't suffering from any sleeping disorders,addictions, or other afflictions that could impede his/her driving abilities, as well as has the experience and training to operate the vehicles they've been designated to drive. For example, not everyone knows how to safely drive an 18-wheeler truck or a 15-passenger van. Some vehicles also require a motorist to have a commercial driver's license.

"It is the responsibility of employers who task employees with driving to make sure these individuals are safe drivers who have the skills and training so that they can be trusted on the road," said Howard Law, PC partner and Anaheim motor vehicle accident lawyer Vincent Howard.

In certain situations, the company employing the driver may try to get you to settle your Orange County, California personal injury or wrongful death case right away. This is not a good idea.

"Some companies actually have teams in place that are tasked with immediately contacting the injured party and/or their loved ones to try to pressure them into settling," said Orange County, California pedestrian accident attorney Vincent Howard. "Do NOT do this unless you talk to an experienced injury lawyer to find out what next steps you should take."

Once you settle you cannot ask for more money even if your injuries later prove worse than you thought and your medical expenses have grown beyond initial estimates.

More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Continue reading "Xerox Settles Los Angeles Wrongful Death Lawsuit Over Fatal Pedestrian Accident for $5M" »

Irvine Woman Sentenced in Deadly Orange County, California Car Accident

January 7, 2012,

A judge has sentenced 43-year-old Anne Keen to two years behind bars over an Orange County, California car accident that claimed the life of an elderly motorist. Pat Thompson-Yates, 77, died on January 18, 2011.

According to prosecutors, Keen was in Irvine when, because she wasn't paying attention, instead of stopping at the red light at the Farwell Avenue and Culver Avenue intersection she kept driving, which caused her car to CRASH into the vehicle driven by Thompson-Yates, who was making a legal left turn from Farwell Avenue. Keen's vehicle then spun around before again striking the elderly woman's car. Thompson-Yates, who was rushed to the hospital, died from multiple blunt-traumatic injuries.

Meantime, testing showed that Keen had methamphetamine in her system at the time of the collision. She negotiated a deal, pleading guilty to one misdemeanor count of using a controlled substance, the felony crime of vehicular manslaughter with gross negligence, and the infraction of driving as an uninsured motorist.

Distracted Driving
It is imperative that motorists pay attention to the road and other vehicles. Taking your eyes off the road for just a few seconds or becoming so preoccupied with a conversation you are engaged in/whatever you are worrying about can prove fatal. Couple any type of distracted driving activity--texting talking on a cell phone, surfing the Internet, eating, putting on makeup, looking elsewhere other than the road, reading a book, watching a movie, or eating--with driving while intoxicated and the consequences can be catastrophic.,

Driving while Intoxicated
Driving while under the influence of alcohol or drugs or heavy medication can affect driver attention, cognitive abilities, behavioral skills, judgment, coherence, and the ability to think and react clearly. It is also against the law. Unfortunately, every year, people are killed because motorists weren't paying attention and/or were intoxicated or inebriated. The law takes a harsh stance against motorists that were driving under the influence and often, the impaired driver must face the harsh consequences of jail time, harsh fines, and the knowledge that he/she caused someone else devastating harm.

"In addition to any criminal case filed against a reckless driver, you may be able to file an Irvine car accident claim to recover damages," said Anaheim personal injury attorney Vincent Howard.

It is important that you speak with an experienced Orange County, California motor vehicle crash law firm as soon as possible after the accident. There may be evidence that needs to be gathered and preserved and key witnesses to speak to while their memories of what happened are still fresh.

Distracted driver sentenced in fatal crash, OC Register, January 6, 2012

Irvine woman faces manslaughter charge in red-light crash, Los Angeles Times, September 29, 2011


More Blog Posts:
CHP Employs "Zero Tolerance" Policy with Distracted Driving Crackdown, California Injury Lawyers Blog, December 29, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Continue reading "Irvine Woman Sentenced in Deadly Orange County, California Car Accident" »

National Safety Council Estimates 287 US Traffic Deaths During the 3-Day Christmas Period

December 24, 2011,

According to the National Safety Council, about 287 traffic fatalities are expected during the 3.25-day holiday period that runs from 6pm on December 23 through 11:59pm on December 26. (Giving this figure a 90% confidence level, this means there could be anywhere between 220 to 365 traffic deaths in total. About 28,700 injuries requiring medical attention (or between 22,000-36,500 injuries) are expected.

"Although the holidays are among the least likely time when you want to be dealing with the aftermath of a California motor vehicle accident, the sooner you contact an Orange County, Ca personal injury law firm to begin exploring your legal options, the better," said Howard Law PC partner and Anaheim car accident attorney Vincent Howard.

The traffic death estimates for the 2012 New Year's Eve holiday period beginning the evening of December 30, 2011 through 11:59pm on January 2, 2012 include: about 297 traffic fatalities (with 249 to 353 deaths likely) and approximately 29,700 injuries requiring medical consultation expected (with 24,900 to 35,300 injuries likely).

Wearing a safety belt can help prevent traffic deaths. So can other preventive measures:
• Don't drive drunk
• Stay in defensive driving mode
• Pay attention when driving
• Don't follow another vehicle too closely
• Try to avoid traveling during peak traffic hours
• Make sure your car is up to date on all maintenance before driving away in it for the holidays
• Watch out for other drivers who may be impaired
• Avoid texting while driving
• Use a hands free phone if you must make or take a call while driving
• Avoid speeding
• Adjust the way you drive to current traffic and weather conditions
• If you are going to go to an area where there is snow, bring chains and other appropriate vehicle gear
• Avoid driving if you are exhausted or in a food coma

Unfortunately, the holidays, which should be a time for celebration and togetherness, can also be among the more dangerous periods on the road. With people rushing to different parties, clogging up the highways in an effort to visit family and friends, and drunken revelers thinking they are sober enough to drive, the traffic and road conditions can prove deadly.

In an effort to combat some of these conditions, police will be stepping up their efforts to crack down on inebriated drivers. Their attempts will be mirrored nationwide with the 'Drive Sober or Get Pulled Over' campaign. Although nationally the number of drunken driving deaths has gone down, alcohol is still a factor in one in three US traffic deaths.


Christmas Day 2011 and New Year's Day 2012 Holiday Period Traffic Fatality Estimates, National Safety Council

U.S. Transportation Secretary Ray LaHood Announces 'Drive Sober or Get Pulled Over' Crackdown on Drunk Driving, NHTSA, December 13, 2011


More Blog Posts by Howard Law, PC:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Continue reading "National Safety Council Estimates 287 US Traffic Deaths During the 3-Day Christmas Period" »

NHTSA Reports 2,715 California Traffic Fatalities in 2010

December 15, 2011,

According to the National Highway Traffic Safety Administration, there were 2,715 California motor vehicle traffic deaths last year, which is 375 fatalities less than in 2009. These figures are in line with the overall decrease in motor vehicle deaths experienced nationwide. Per the NHTSA's Fatality Analysis Reporting System, there were 32,885 US traffic fatalities in 2010--the lowest number since 1949 when there were 30,246 deaths.

"Obviously, a decline in motor vehicle fatalities is good news any day of the year, but any death that happens on a California road is one too many," said Anaheim Personal Injury Attorney Vincent Howard. "We at Howard Law, PC, hope this decrease continues."

Safety officials are likely hoping for the same, as law enforcement agencies step up their efforts during this holiday season to crack down on drunk driving. This week, US Transportation Secretary Ray LaHood announced the country's 'Drive Sober Or Get Pulled Over' campaign. While 2010 data reported a decline in drunk driving fatalities last year--there were 791 California alcohol-impaired driving deaths (down from the 924 fatalities in 2009) and nationally, there were 20,228 alcohol-impaired driving fatalities in 2010 (down from the 10,759 deaths in 2009)--alcohol is still a factor in one out of every three traffic deaths in the US. In Los Angeles County alone, during last year's holiday season, 276 people were arrested for possible drunk driving and 197 were arrested for driving under the influence.

In Orange County, Los Angeles County, San Bernardino County, and Riverside County, California, our Huntington Beach motor vehicle crash lawyers are familiar with the devastation that being involved in an accident can cause for those involved and the emotional, financial, and physical toll this can take. We help victims and their families recover compensation for the harm they have suffered.

Other 2010 FARS Traffic Safety Facts:
• 22,187 passenger vehicle deaths
• 529 large truck fatalities
• 4,502 motorcycle deaths
• 4,280 pedestrian deaths
• 618 pedalcyclist fatalities

Except for large truck deaths, which were 30 more than in 2009, and pedestrian fatalities, at 171 more in 2010 than during the year before, the other types of motor vehicle deaths all dropped in numbers. It is important, however, to note that the total number of those injured in US motor vehicle crash injuries went up slightly, with 2.24 million traffic injuries in 2010 (up from 2.2 million in 2009.)

2010 Motor Vehicle Crash Overview, FARS, NHTSA, US Department of Transportation (PDF)

State motor vehicle fatalities, 2010, FARS, NHTSA, US Department of Transportation (PDF)

More Blog Posts:
NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Deadly Air Bag Defect Prompts Honda To Recall Another 273,000 Autos,
California Injury Lawyers Blog, November 30, 2011

Continue reading "NHTSA Reports 2,715 California Traffic Fatalities in 2010" »

NTSB Wants All States to Ban Cell Phone Driving

December 13, 2011,

The National Transportation Safety Board is recommending that every state ban drivers from using cell phones and other electronic devices unless there is an emergency. The recommendation comes following the board's finding that a deadly Missouri multi-vehicle pileup last year that killed 2 teenagers and injured 38 others involved a motorist who sent or received 11 texts in an 11-minute time span.

Although the NTSB cannot make the states adopt regulations, lawmakers do seriously consider its recommendations. The board's recommendations come less than a week after the National Highway Traffic Safety Administration released its findings from its national survey on distracted driving. In California, except for school bus drivers and drivers under 18, other motorists are allowed to talk on cell phones as long as they aren't holding the device in their hands. Statewide, no one is allowed to text while driving. Unfortunately, this doesn't mean that there aren't motorists that continue to talk on handheld devices or that they have stopped texting. At Howard Law, PC, our Anaheim car accident lawyers are familiar with the devastation that distracted driving can create in the lives of victims and their families.

According to a government phone survey released last week by the National Highway Traffic Safety Administration:

• Most drivers don't think it's dangerous for them to text and drive--although they don't think its safe when other drivers are the ones texting.
• Approximately 50% of US drivers in the 21-24 age group admit to having texted or emailed while driving
• At any moment, nearly 1 out of 100 motorists can be found emailing, texting, or doing something else with a handheld device while operating a motor vehicle at the same time. The frequency of these distracted driving activities have gone up 50% more than in 2009
• Most drivers don't see a problem with answering the phone while driving
• Over half of the motorists surveyed said they don't think making a phone call affects their driving performance
• A quarter of them had the same opinion regarding how emailing or doesn't affect their driving
• 90% don't feel safe if they are riding in a vehicle where the driver is emailing or text messaging

6,002 respondents in the 18 and over age group participated in the NHTSA's survey.

The NHTSA says there were 3,092 US distracted driving deaths in 2010. Currently, there are 35 states that have a statewide ban on texting.

"Unfortunately, most people still don't fully comprehend that seemingly harmless behavior, such as making a phone call or sending a text message, is dangerous conduct when done in conjunction with operating a motor vehicle," said Howard Law, PC partner and Orange County, California personal injury lawyer Vincent Howard. "It can take just a few seconds, while one's attention is focused on a PDA or a phone, for a devastating crash to occur."

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Distracted Driving Telephone Survey Finds Most Drivers Answer the Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011


More Blog Posts:

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 30, 2010

Continue reading "NTSB Wants All States to Ban Cell Phone Driving" »

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated

December 7, 2011,

Marnie J. Lippincott has been arrested in the Newport Beach motor vehicle accident that left a teenager with critical injuries. Lippincott, a Costa Mesa woman, is facing charges of DUI and causing injury.

The victim, 17-year-old Crystal Morales, is a high school senior. She is receiving treatment at a Santa Ana hospital where, according to the Daily Pilot, she has been placed in an induced coma. Morales also has been suffering from internal bleeding, brain swelling, head trauma, and other internal injuries.

The Orange County, California pedestrian accident took place on Irvine Avenue as Morales was walking in a crosswalk at Margaret Avenue. Other pedestrian accidents have occurred at this crosswalk.

According to the Newport-Mesa Unified School District, school officials have been working with the city of Newport Beach to improve crosswalk safety. A lot of students reportedly cross Irvine Avenue to retrieve their parked cars.

Orange County, California Pedestrian Accidents
Per statistics, between 2000 and 2009 over 47,700 people have been killed and more than 688,000 others were injured in US pedestrian accidents. Are state and federal traffic safety officials doing enough to make sure that crosswalks, sidewalks, and other areas that are designated for pedestrians are safe?

Unfortunately, some accidents do occur because a road was designed in a way that proved more dangerous than safe. In such instances, an injured pedestrian and/or his family may have grounds for an Orange County, California personal injury claim or wrongful death case against the entity or entities involved. Other common causes of pedestrian accidents include pedestrian error, distracted driving, speeding, running a red light, failure to stop in time, failure to obey traffic signs, poor visibility due to weather or road conditions, drunk driving, drugged driving, and other forms of driver negligence.

You want to work with a Newport Beach personal injury law firm that is experienced in handling Orange County, California pedestrian accident cases.

Pedestrian injuries can be incredibly debilitating and potentially life-altering. Broken bones, traumatic brain injury, head trauma, spinal cord injury, fractures, disfigurement, internal injuries, emotional trauma, and mental anguish are just some of the serious injuries that can occur.

Remember that California is a pure comparative fault state. This means that even if the injured party played a role in causing his/her injuries, the victim still may be entitled to a partial recovery of any damages awarded according to the percentage of blame allotted to any other parties. There may be more than one party that should be held liable.

Student hit in crosswalk remains in critical condition, Daily Pilot, December 7, 2011

Driver suspected of hitting teen held on $100,000 bail, OC Register, December 7, 2011


More Blog Posts:
Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Continue reading "Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated " »

Deadly Air Bag Defect Prompts Honda To Recall Another 273,000 Autos

November 30, 2011,

Honda Motor Corp. says that it is recalling Another 273,000 Acura and Honda motor vehicles over concerns that faulty air bags could prove deadly for motorists. The automaker says it will inspect another 603,000 autos to see if the same defective parts were used when repairing vehicles that had been involved in accidents.

Honda says that the side air bag on the driver's side might deploy too forcefully during a crash and that this might cause the metal inflator casing, which holds the explosive propellant to rupture. If this were to happen, then the pieces of the casing could expel, causing injuries. Takata, which is a parts supplier in Japan, made the air bag inflator.

This is the fifth recall announced by Honda over the same issue. (The number of vehicles affected is now at over 2.5 million.) The automaker expanded the recall after finding out that another driver had gotten hurt.

Autos involved in this latest recall include the:
• Civic (2001 - 2003 models)
• Accord (A number of 2001 - 2002 models)
• Odyssey (2001 - 2003 models)
• CR-V (2002 and 2003 models)
• Acura 3.2 TL (2002 and 2003 models)
• Acura 3.2 CL (2003 model)

While airbags that work properly can save lives, defective ones can prove dangerous during an Orange County, California car crash. Our Anaheim products liability lawyers are familiar with the serious injuries that can arise because of an air bag defect or another defective auto part. Please contact us to request a free case evaluation.

Common problems with defective/malfunctioning air bags that can cause Los Angeles personal injury or wrongful death:

• Failure to deploy
• Delayed deployment
• Deploying too forcefully
• Deploying when it shouldn't
• Parts shrapnel during deployment

An air bag that doesn't go off (or goes off too late) can cause the vehicle occupant to ram into the steering wheel, windshield, or another part of the vehicle, potentially resulting in internal injuries, traumatic brain injuries, or spinal cord injuries. An airbag that goes off too forcefully could cause serious impact injuries, including chest injuries, neck injuries, blindness, hearing loss, thoracic trauma, lacerations, burns, leg and arm fractures, and abrasions.

It's bad enough being involved in a catastrophic collision without having one of the vehicle's safety features fail when you need it. Auto manufacturers can be held liable for this.

A few other serious auto defects that can be grounds for Orange County, California wrongful death or personal injury:

• Tire failure, including blowouts and tread separation
• Seat belt defects
• Seatback collapse
• Brake malfunction
• Sudden unintended acceleration
• Steering wheel failure
• Rollovers
• Roof crush
• Failure of vehicle to exhibit the appropriate level of crashworthiness

Honda recalling cars to fix airbags that can kill drivers, Los Angeles Times, December 2, 2011


More Blog Posts:

CPSC Warns that Placing Your Baby's Bumbo Seat on an Elevated Surface Could Cause Serious Orange County, California Head Injuries, California Injury Lawyers Blog, November 25, 2011

Huntington Beach Wrongful Death Lawsuit in Fatal Jr. Lifeguard Boating Accident is Scheduled for Trial, California Injury Lawyers Blog, November 27, 2011

Huntington Beach Personal Injury Claims Seek Damages on Behalf of Tustin Bicycle Accident Victim and Her Husband, California Injury Lawyers Blog, November 18, 2011

Continue reading "Deadly Air Bag Defect Prompts Honda To Recall Another 273,000 Autos" »

Huntington Beach Personal Injury Claims Seek Damages on Behalf of Tustin Bicycle Accident Victim and Her Husband

November 18, 2011,

Gerald and Darlene Goens have filed separate Orange County, California personal injury claims against the city of Huntington Beach. Darlene was riding her bike last July when she fell off after her tire got stuck in a pavement crevice on a beachfront boardwalk.

She fractured her leg and was forced to undergo surgery. In her Huntington Beach bicycle accident claim, Darlene is alleging Orange County, California premises liability. She says that the area in front of the Beach Hut concession where she was cycling was paved with cement sections that had been joined together but that whatever was supposed to keep the different parts together had deteriorated. She is seeking Huntington Beach injury compensation for medical expenses, loss of earnings, pain and suffering, and loss of earning capacity.

Darlene's husband Gerald is also seeking Orange County, California injury damages for the emotional trauma he suffered from the accident. He also wants compensation for loss of consortium.

Loss of Consortium
The spouse of a person who got hurt because of another party's negligence may be able to obtain damages for loss of consortium. The husband or wife doesn't need to have been involved in the Orange County, California personal injury accident in order to sue for damages.

Although in theory "loss of consortium" refers to losses resulting from limited sexual activity between two people that are married, this type of claim can also refer to loss of companionship, affection, emotional support, love, comfort, society, love, and services.

When someone gets hurt, he/she may not be able to enjoy/live life in the same way as before the accident, which can have an effect on loved ones. Loss of consortium allows the spouse to seek damages for his/her own Huntington Beach personal injuries sustained as a result of his/her significant other's injuries.

The serious injury/death of one person can take a financial, emotional, and psychological toll on loved ones and there is no reason why you shouldn't be compensated for the harm that you also have suffered. In California, to file this type of civil case against a government entity, such as a city, you must first file an Orange County, Ca. injury claim first before you can go ahead and sue. This first step gives the government a chance to respond before taking the claim into litigation.

City and other local governments are responsible for maintaining public roads and walkways so that they are free from any hazards that could cause serious injury or death. Even when filing a claim against a government entity you should be represented by a Huntington Beach personal injury law firm that knows how fight for the maximum recovery possible.

Claims: H.B. responsible for bicyclist's boardwalk spill, OC Register, November 18, 2011

More Blog Posts:
Woman Files Laguna Beach Bicycle Accident Lawsuit Against the City, California Injury Lawyers Blog, September 7, 2011

Newport Beach Bicycle Accident Lawsuit Seeks Damages from City Over Man's Orange County, California Wrongful Death, California Injury Lawyers Blog, June 23, 2011

Woman Charged in Fatal Newport Beach Bicycle Accident Was Drunk and Texting, Say Authorities, California Injury Lawyers Blog, April 16, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving

October 10, 2011,

Catherine Sanchez has filed a Huntington Beach personal injury lawsuit over injuries she says that she sustained in an Orange County, California pedestrian accident last May. The 47-year-old woman says she suffered physical and emotional harm when she was hit by a car driven by a Huntington Beach cop. Sanchez claims the officer was talking on his cell phone and also speeding.

A police supervisor that arrived at the scene chose not to file an incident report. According to the police, on the day of the alleged Huntington Beach pedestrian accident Sanchez didn't tell them that she'd been struck by the police car and they believe that her son pulled her out of the way just in time. However, Sanchez disputes their account. She claims that the vehicle struck her on the left side of her body, which left her with bruises and in pain. She also contends that the officer allegedly involved in the accident reportedly stopped, yelled at her, and then drove off.

Now, Sanchez is seeking $500,000 in Huntington Beach personal injury damages.

If distracted driving played a role in causing the police officer to strike Sanchez, there is a good chance the city of Huntington Beach could be ordered to pay damages for the harm that she suffered. If the officer accidentally struck her with his vehicle and then left the scene without getting her medical help, that would also be an act of negligence and likely grounds for Huntington Beach personal injury compensation.

Distracted Driving
Texting, talking on a cell phone, watching a video, surfing the Internet, and sending emails can prove to be dangerous activities when done while operating a motor vehicle. In California, there is a ban on the use of handheld cell phones while driving. Texting while driving is also banned. That said, talking on a hands free set can also prove distracting enough to case an Orange County, California car crash. Distracted driving is dangerous and can be grounds for a Huntington Beach injury claim.

Over the last few years, there has been a greater effort by lawmakers and safety advocates to provide statistics while educating the masses about this dangerous driving habit. The facts and evidence supporting this continue to mount.

For example, according to a recent study that took place at Texas A&M University's Texas Transportation Institute, motorists that are texting whie driving take two times as long to react to traffic signals as those that aren't sending text messages.

Drivers were tested on an 11-mile course. They were told to stop when they saw a flashing yellow light. While the motorists who weren't texting took no more than a second to respond to a flashing light, those who were texting took three to four seconds. Drivers who were texting had an 11 times greater chance of not seeing the flashing signal.

Recent study shows reaction time doubled by distracted drivers, The Times Herald, October 9, 2011

Woman claims officer hit her with car, Huntington Beach Independent, September 28, 2011


Related Web Resources:
Distracted Driving, National Highway Traffic Safety Administration

Cell Phone and Texting Laws, Governors Highway Safety Association


More Blog Posts:
Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 30, 2010

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Anaheim Trucker is Sentenced in 2010 San Bernardino County Truck Accident that Killed Family of Four

October 4, 2011,

George Leslie Pelonis, an Anaheim truck driver, has been sentenced to 9 months behind bars. Pelos pleaded guilty to four counts of misdemeanor vehicular manslaughter in the 2010 San Bernardino County tractor-trailer crash that killed a Redlands family of four.

The deadly San Bernardino County truck accident occurred on February 13, 2010 on the I-15S close to Jurupa Avenue. Vehicles were stop-and-go and traveling at speeds between 10 and 30 mph when Pelonis, whose truck was moving at over 40 mph, hit an SUV transporting Ryan Villalpondo, his wife Veronica, baby Bella Rose, and 4-year-old Matteo. Both vehicles then burst into flames.

While Pelonis escaped injury, the Villalpondo family, whose vehicle ended up pinned between two semi-trucks, was pronounced dead at the San Bernardino County truck accident site.

Tractor-Trailer Accidents
A tractor-trailer transporting weighing and carrying tens of thousands of pounds can prove deadly in a crash. Most vehicles don't stand a chance of resisting the force of impact. This is why truckers must exercise great care when on the road and refrain from speeding, talking on a cell phone, texting, not paying attention to the road, or ignoring traffic conditions.

Other common causes of California tractor-trailer accidents:

• Trucker fatigue
• Mechanical failure
• Poor weather or road conditions
• Improper cargo storage
• Drunk driving

Many trucking companies have teams already in place to protect themselves from liability, which is why you will likely want to work with a San Bernardino County truck accident law firm that is on your side. With California semi-truck crash cases, there may be more than one party who should be held liable, such as the trucker, the trucking company, the company that leased the truck, the manufacturer of a defective truck part, and/or the party in charge of properly maintaining the truck.

There is a lot to be done to prove liability in a San Bernardino County truck accident. Truck logs and truck maintenance records will likely need to be looked at, as well as the trucker's on driving history. Accident evidence will have to be documented and witnesses will need to be interviewed.

Sometimes, a trucking company may immediately send someone to the scene in an attempt to get you settle your potential claim immediately. This is never a good idea. The minute you settle you give up your right to file a California truck lawsuit in the future. This could prove detrimental if you later find out that your injuries are much more serious than you thought.

Traumatic brain injury, spinal cord injuries, and other serious injuries may require that you take time off work or stop working altogether. In addition to medical bills, there may be rehab expenses and long-term care costs. If you've lost someone in a San Bernardino County truck crash, you still want to wait until you consult with an injury attorney first to make sure that you receive everything that you are owed for your loss.

Anaheim trucker sentenced for crash that killed 4, OC Register, October 13, 2011

Moreno Valley coach and family die in crash, ABC7, February 14, 2010

Truck Accidents, Nolo

Federal Motor Carrier Safety Administration


More Blog Posts:
$12.2M California Truck Accident Verdict Awarded to Victim Who Sustained Traumatic Brain Injury After Being Hit By a Trailer Wheel, California Injury Lawyers Blog, September 9, 2011

$6M Riverside County Truck Accident Settlement Reached in 2007 DUI Case, California Injury Lawyers Blog, May 27, 2011

Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

Continue reading "Anaheim Trucker is Sentenced in 2010 San Bernardino County Truck Accident that Killed Family of Four" »

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver

September 29, 2011,

Another Orange County, California personal injury lawsuit has been filed in the Huntington Beach traffic crash death that killed a baby in a crosswalk last. Caryl Johnson says she became permanently disabled and sustained emotional scars when driver Anthony Cesares crashed his Chevrolet Tahoe into Johnson's truck, which was stopped in front of the pedestrian lane at the intersection of Springdale Street and Croupier Drive. She is suing Cesares and the city of Huntington Beach for negligence.

Johnson's 2006 Toyota Tundra slammed into baby Ruby Rose Gould in her stroller, her mother Renee Gould, and her 11-year-old cousin Daisy Chuntz. The impact of the crash caused the nearly 4-month-old infant's body to be thrown some 40 feet. She died of head trauma. Meantime, her mother sustained a fractured vertebrae and her cousin Daisy broker her leg. Daisy's 7-year-old brother did not suffer physical injuries but he saw the crash happen. Ruby and her Mom, both Australian nationals, were in the US visiting family.

Police reports show that Cesares became distracted when his laptop, which was in the passenger seat, slipped out of its carrying case. As he quickly looked down to keep the laptop from falling to the ground, he failed to notice Johnson's vehicle in front of him.

Cesares's vehicle was moving at a speed of about 40 mph at the time. Although he stepped on the brakes, he could not stop in time. He has since pleaded guilty to involuntary manslaughter and his now on three years informal probation.

Ruby's loved one's have already filed their Huntington Beach, California wrongful death and personal injury complaints. Her parents spent three years trying to conceive her. Also named a plaintiff in Johnson's complaint is her husband Ronald, who is claiming loss of consortium because his wife is not able to performer her spousal duties and services.

Following the tragic Huntington Beach pedestrian accident, residents in the area complaint that the zone where it happened was not safe, poorly marked, and that vehicles drove swiftly through the area. If more could have been done by the city to ensure that the pedestrian lane was safer so that the collision that killed Ruby and injured her family wouldn't have happened, the city may owe damages over what happened.

Distracted Driving
Distracted driving is dangerous. Texting while driving, reading a magazine, talking on a cell phone, trying to calm down the dog in the back seat, picking up items that have fallen off the passenger seat can all cause serious injuries and deaths not just for the driver but for those that happen to be in the area should an accident happen. Motorists can be held liable for Huntington Beach personal injury if their distracted driving behavior hurts others. Sadly, these drivers likely never intended to do anything to hurt anyone. However, this does not mean there aren't real life consequences that they must deal with as a result of their actions.

Baby's crosswalk death sparks another suit, OC Register, September 29, 2011

Distracted Driving, US Department of Transportation


More Blog Posts:
Latest Orange County, California Claims Filed in Baby Pedestrian Death Blame Huntington Beach for Crosswalk Deficiencies, California Injury Lawyers Blog, March 30, 2011

$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old Girl, California Injury Lawyers Blog, February 18, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 13, 2011

Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others

September 23, 2011,

The federal government is a defendant in a number of lawsuits alleging California personal injury and wrongful death in the 2010 off-road race in the Mojave Desert at the California 200 event last year. Eight people died and at least 10 others sustained injuries when a modified Ford Ranger truck flew off the course when making a jump and crashed into a crowd of watchers lining the off-road track. More civil complaints are expected. BLM and the other defendants are accused of failing to keep proper control and management of the race.

The accident occurred in an area owned, maintained, and supervised by the Bureau of Land Management. In addition to the BLM, other defendants include Ford pickup truck driver Brett Sloppy, MDR Productions, and Mojave Desert Racing.

The plaintiffs contend that BLM did not follow the recreational permit process for letting the race take place on federal land. They also blame the government agency for failing to make sure that spectators would be safe. BLM policy specifies that areas for watchers need to be delineated with temporary fencing. When Sloppy's truck landed in the crowd of viewers, there was no guardrail to serve as a barricade that could have protected them.

Also, rules of conduct for spectators, warnings that they stay out of the pits, and accident risk information also needs to be posted on large signs when event weekends are taking place. The plaintiffs say that none of this was done on the weekend of the California 200. They believe that because these elements were missing, BLM should have taken away the event permit or canceled the race. (The government agency has admitted that it did not follow its own policies when admitting and monitoring this race). Hundreds of people attended the California 200 race that day.

Also suing BLM, Mojave Desert Racing, and MDR Productions is Sloppy's mom, Lynne Sloppy. She is claiming California personal injury for the distress she experienced when she saw her son's truck go off the racetrack, flip over, and land in the crowd. She contends that watching the entire accident unfold was traumatic, including seeing all the injuries happen and then watching people become aggravated toward her son while he was still stuck in his vehicle. She wants punitive damages for negligence and intentional infliction of emotional distress.

California Personal Injury
As you can see with all different allegations and claims being made over this incident, there may be numerous plaintiffs and a number of defendants in a California injury accident of this magnitude. Different grounds may be cited for negligence depending on the roles defendants allegedly played. Defendants may even become plaintiffs themselves--or, in this case, Sloppy's mom is also choosing to sue for her emotional injuries.

Wrongful-Death Suit in Off-Road Race Crash, Courthouse News, September 19, 2011

8 more lawsuits in fatal off-road race crash, SignonSanDiego, September 14, 2011

Related Web Resources:
Bureau of Land Management

Mojave Desert Racing


More Blog Posts:

California Off-Road Race Kills 8 and Injures 12 in Mojave Desert, California Injury Lawyers Blog, August 17, 2011

Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 2011

Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

Continue reading "Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others " »