California Injury Lawyers Blog

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

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

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

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

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

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

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

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

Related Web Resources:
Greyhound

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

National Transportation Safety Board

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

Friends and family are mourning the death of Michael Nine, a 43-year-old Santa Ana man who sustained fatal injuries during a Newport Beach truck acciden. Nine was riding with his morning cycling group on July 15 when he was struck a truck driven by Jose Luis Huerta Mundo. The Newport Beach bicycle accident occurred at Spyglass Hill and Harbor Ridge Drive as the cyclists were riding their usual route from Tustin through Irvine to Newport Beach and back.

According to police, Mundo made an illegal left turn onto Spy Hill Road and his vehicle ended up blocking the riders. Nine reportedly braked hard in an attempt to avoid colliding with Mundo's landscaping vehicle. Instead, the Santa Ana cyclist lost control of his bike, slamming head first into the back of the truck.

Mundo is charged with vehicular manslaughter without gross negligence, driving without a valid license, and failure to obey a traffic sign prohibiting a left turn.

A ghost bike has been set up on Spyglass Hill Road to remember Nine. Ghost bikes are small memorials to remember a cyclist that died on a particular street while advocating for a bicyclist's right to ride safely.

In CoronaDelMarToday.com, John Tzinberg, a member of the Newport Beach Cycling Safety committee, noted that the city is not doing enough to take care of the issues that are contributing to local bicycle accidents. Tzinberg notes that a cyclist dies every several months in Newport Beach.

In December, Irvine bicyclist Donald Murphy died from fatal injuries he sustained when he was injured by a hit-and-run driver on Jamboree Road. The 49-year-old rider was in a bike lane when he was hit by an SUV driven by Riverside resident Patricia Ann Izquieta, who made an unsafe left turn. She was later arrested. A year ago last year, 43-year-old Darryl Benefiel died in a Newport Coast bicycle accident on Ridge Park Road when he was hit by a car. He suffered massive head trauma and other Orange County, California personal injuries. In November 2009, his mother, Karen Benefiel, filed a Newport Beach wrongful death lawsuit against the city and the driver and the owner of the car that hit her son.

Crash Victim Identified; Cycling Advocates Outraged, Corona del Mar, July 15, 2010

Cyclist dies after being hit by SUV, OC Register, December 11, 2009

Mother suing Newport for son's death, Daily Pilot, December 29, 2009

Related Web Resources:
Ghost Bikes

Bicycle rules and safety

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

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

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

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

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

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

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

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

Related Web Resources:
California Highway Patrol

City of Anaheim

National Safety Council

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

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

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

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

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

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

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

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

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

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

Related Web Resources:

Blog: Driving with diabetes, MayoClinic

Diabetes Monitor - Diabetes And Driving

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

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

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

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

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

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

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

Related Web Resources:
Enterprise

California Department of Transportation

Safercar.gov

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

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

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

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

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

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

Related Web Resources:
NHTSA

FMCSA, Justia Regulation Tracker

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

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

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

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

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

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

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

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

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

Related Web Resources:
California Highway Patrol

California Department of Motor Vehicles

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

John Gerrity, the widower of Deborah Johnson, is speaking out about the tragic bicycle accident that killed his wife because he wants to prevent other cyclists from suffering the same fate. Gerrity settled his $2.4 million California wrongful death settlement with the city of Menlo Park several months ago.

Johnson sustained fatal head injuries when she was fell off her bike on Sandhill Road on July 22, 2007. She died two days after the tragic California bicycle accident.

According to Johnson's friend, the 54-year-old cyclist fell because her bike hit the base of a "candlestick" delineator that had become separated from its orange pole. Johnson's husband, John Gerrity, says the lane divide should not have been there at all.

Just two days before the tragic bicycle accident, Menlo Park Public Works Department had just completed paving the road. They had set up dividers to mark the bike lane. The divers were removed soon after the California traffic crash.

The Manual on Uniform Traffic Control Devices says that raised pavement markers and posts should not be used to separate travel lanes from bike lanes. The federal manual noted that raised devices are a bicycle crash hazard. Gerrity, who has researched traffic safety practices and codes since his wife death, says that after a road is repaved it is standard practice to leave it unmarked while the asphalt is drying. After that, a temporary line or strip is painted onto the road until permanent markings are created.

Entities in charge of maintaining roads must make sure there are no road hazards, related defects, or debris on the road that can cause injuries or deaths. Not only must they put warnings sign up when any kind of road improvements are being done to indicate to motorists and bicyclists that they must proceed with caution as they enter a road construction zone, but also they must make sure to clear up all debris, machinery, and equipment after the project is over so that drivers and cyclists don't end up striking any objects that have now become safety hazards.

Orange County, California Traffic Crashes
Unfortunately, road debris can cause serious Orange County, California personal injuries and wrongful deaths. According to AAA Foundation for Traffic Safety, 25,000 of US auto crashes and 90 traffic fatalities a year were at least partially caused by road debris. Road debris refers to objects that shouldn't be on the road, such as fallen tree branches, broken class, furniture items that may have fallen out of trucks, and other items. Road debris and defects can cause a trucker, the driver of a car, bicyclist, or motorcyclist to lose control of his/her vehicle, which can result in tragic Orange County, California traffic crashes.

$2.4 million settlement reached in wrongful death suit over fatal bike accident on Menlo Park's Sand Hill Road, Mercury News, June 12, 2010

Related Web Resources:

AAA Foundation for Traffic Safety

California Bicycle Coalition

Manual on Uniform Traffic Control Devices

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

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

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

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

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

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

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

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

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

Motorcyclist Facts, Advocates for Highway and Auto Safety

NHTSA

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Hit and Run Accidents, Deadly Roads

Pedestrian Safety, SafeKids.org

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

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

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

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

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

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

Related Web Resources:
Los Angeles Police Department

Wrongful Death Claims, Nolo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pregnant woman hospitalized after crash, April 29, 2010

Related Web Resources:
California Office of Traffic Safety

California Highway Patrol

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

The family of Tahir Sheikh Fakhar has filed a wrongful death claim against the state of California and Caltrans. Fakhar, a truck driver, died on November 9, 2009 when his large truck went over the Bay Bridge after hitting the S-curve and striking a 3-foot guardrail. His big rig flipped over before falling 200 feet and landing on Yerba Buena Island. The trucker was killed instantly.

Fakhar's family contends that because Caltrans did not have adequate signage and signals to properly warn drivers of the hazards on that portion of the bridge, the S-curve formation is poorly designed and too sharp for drivers to safely maneuver, and the guardrail wasn't high enough to prevent the big rig truck from going over.

While the California Highway Patrol claims that the truck driver was driving around the S-curve at 50 mph instead of 35 mph, the family's California wrongful death lawyer says that regardless of whether or not Fakhar had been speeding, the roadside barrier erected on the bridge was "ineffective."

Following the truck driver's death, Caltrans installed rumble strips, signs, and increased police patrols. Over 1500 CHP officers have been tapped to patrol that portion of the bridge. Caltrans has also closed down some lanes so that drivers are forced to slow down.

Prior to filing a California wrongful death lawsuit, the family's attorney has to file a claim with the Victims Compensation and Government Claims Board. Their lawyer intends to file separate claims for Fakhar's widow and his two adult sons. The board has 45 days to turn down or accept the wrongful death claim. After that, the family can submit their California wrongful death complaint.

Fakhar's tragic California truck crash was the 47th motor vehicle accident on the S-curve in the 59 days since its installation.

Truckers as Truck Crash Victims
Truck drivers can also be the victims of trucking collision. While an injured truck driver or the family of a trucker killed in a truck crash likely cannot sue his/her employer for personal injury or wrongful death, the injured driver may be able to file an Orange County, California truck accident lawsuit against liable third parties.

Attorney for trucker who careened off Bay Bridge says he will sue state, Mercury News, April 29, 2010

Special Report: Is Bay Bridge S-Curve Crackdown Working?, KTVU, April 29, 2010

Family sues Calif., Caltrans for wrongful death, ABC Local, April 28, 2010

Related Web Resources:
California Department of Transportation

Bay Bridge

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

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

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

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

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

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

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

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

Distracted Driving, Distraction.gov