Recently in Pedestrian Accidents Category

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" »

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" »

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 " »

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

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 " »

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks

June 24, 2011,

The family of Matilda Arnica Juarez is suing the city of Santa Clarita, Los Angeles County, the owners of the Westfield Valencia Town Center Mall, and several other parties for her wrongful death. The Newhall mother of three was crushed by a car as she and hundreds of other people watched the fireworks display that was held at the mall.

Juarez was standing on the sidewalk when a car that collided another vehicle flew into the air and landed on her. Two of her sons were also injured.

According to the Los Angeles wrongful death lawsuit, the car accident that killed Juarez could have been prevented if only Valencia Boulevard had been closed to traffic while the fireworks display was happening. The complaint notes that other safety measures could also have been taken, including the implementation of a traffic management plan, as well as a strategy for handling the crowd. The plaintiffs also claim that the city did not put together any "public safety plans" to protect and safeguard pedestrians and spectators. Juarez's family notes that there were less LA County sheriff's deputies assigned to last year's fireworks display than the year before.

Juarez's three children and her widower, Ernesto Garnica, are among the 18 plaintiffs named in the case. Meantime, Melissa Brown, the driver that struck Juarez, is not a defendant in this civil suit. However, earlier this year Brown pleaded not guilty to vehicular manslaughter.

When an injury or death occurs on another person's premise, the owner of that property is just one of the parties that may be held liable for Los Angeles County premises liability. It is the responsibility of premise owners and event managers to remove any hazards and prevent other dangers from occuring.

UPDATED: Fatal crash triggers suit, The Signal.com, June 21, 2011

Death unites victim's church family, Daily News, July 7, 2010


Related Web Resources:

Westfield Valencia Town Center Mall

Fireworks Display, OSHA/US Department of Labor


More Blog Posts:
Los Angeles Wrongful Death Lawsuit Filed In Toddler's Fatal Fall at Staples Center During Lakers Game, California Injury Lawyers Blog, May 29, 2011

Los Angeles Personal Injury Lawsuit Filed by Family of San Francisco Giants Fan Who Sustained Traumatic Brain Injury During Beating at Dodger Stadium, California Injury Lawyers Blog, May 24, 2011

6-Year-Old Sustains Orange County, California Burn Injuries After Fall Into Beach Fire Pit, California Injury Lawyers Blog, May 20, 2011

Newport Beach Bicycle Accident Lawsuit Seeks Damages from City Over Man's Orange County, California Wrongful Death

June 23, 2011,

The family of Michael Nine is suing the city of Newport Beach, Harbor Ridge Master Association, and Harbor Ridge Estates Maintenance Association for his Orange County, California bicycle accident death. The Santa Ana man died from injuries he sustained when he hit a truck on the morning of July 15, 2010.

The 43-year-old cyclist was with a group of riders traveling from Tustin to Irvine to Newport Coast and Fashion Island when the Newport Beach traffic accident happened on Spyglass Hill Road close to the Harbor Ridge development. Nine wasn't able to swerve around a gardener's truck that was blocking the southbound uphill lane near the Harbor Ridge development.. At the time, the cyclists were moving at about 40 mph.

In their Orange County, California wrongful death lawsuit, Nine's widow and children are claiming that the city of Newport Beach did not set up warning signs or safe sight lines and that the existing signage was "confusing" and was an "unreasonable risk of harm" to others. They claim that the two associations also failed to set up routine signs and warning signs to stop accidents--despite other crashes having occurred in or around the same area. Nine's family also contends that the association did not let public agencies know about the roadways poor condition.

Also a defendant in the Newport Beach wrongful death case is the truck driver, who pleaded guilty earlier this year to vehicular manslaughter without gross negligence. Nine's family is seeking damages for medical, legal, and funeral bills, loss of his earning capacity, as well as the losses of his services, support, society, advice, consolation, training, love, companionship, and comfort.

The Nine family's case is an example of why it is so important to make sure that you are represented by an experienced Newport Beach bicycle accident law firm. There may be multiple parties who should be held liable and you want to work with a legal team that knows how to prove liability against all those who were negligent. There is a lot of work to be done to start building your case, including the gathering of key accident evidence as soon as possible. Your Orange County, California injury law firm will also need to talk to any witnesses and possibly retain the right experts to prove your case.

Cycling Victim's Family Files Lawsuit, Coronado Del Mar Today, June 21, 2011

Driver pleads guilty in fatal Spyglass Hill Road crash, Daily Pilot, February 8, 2011

Related Web Resources:
Bicycle Rules and Safety, California DMV

Bicycle Safety Tips, California Department of Transportation


More Blog Posts:

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

Driver Charged in Deadly Newport Beach Bicycle Accident Had Received at Least 16 Traffic Ticket Citations Since 2005, California Injury Lawyers Blog, February 24, 2011

Preventing Orange County, California Distracted Driving Accidents: CHP Cracks Down on Cell Phone Use and Text Messaging In Santa Ana, San Juan Capistrano, and Westminster, California Injury Lawyers Blog, February 10, 2011

Los Angeles County Car Crash: Lawsuit Sues the State of California and the City of El Monte Over Teenager's Wrongful Death on the Pomona Freeway

May 31, 2011,

The parents of Sophia Ilona Salazar are suing the city of El Monte and the state of California for Los Angeles wrongful death. The 17-year-old was killed in a Monterey Park traffic accident on the Pomona (60) Freeway on May 28, 2010.

According to the lawsuit, Salazar got lost while walking home from a party and asked two California Highway Patrol officers for help. Rodolfo Salazar and Anette Esmaili contend that the cops refused to drive her home, which was just a few miles a way from the 7-Eleven store where she encountered them. Although they called her a cab, because Salazar couldn't pay the fare she resumed trying to get home on foot. Salazar was hit by a Jeep at around 1 am. Salazar's parents say that even though the CHP and El Monte Police both received calls that there was a young woman walking on the freeway, the two agencies did not send a rescue vehicle.

The case above is an example of how in some cases, there are parties other than a driver or auto manufacturer that can be sued for Los Angeles personal injury or wrongful death in a traffic crash.

Los Angeles Personal Injury
California is a pure comparative negligence state that lets a plaintiff obtain damages even if he/she is over 50% at fault for the accident occurring. The statute of limitations in California is two years from the date of the accident. This means that you should start exploring your legal options with an experienced Los Angeles injury law firm because if you do have a case then there is a lot of work that your attorney will have to do to get your case ready.

Parents of Former SPHS Student Killed by Truck File Suit, South Pasadena Patch, May 25, 2011

Parents of PCC student killed on freeway file suit against state, El Monte, Pasadena Star News, May 25, 2011


Related Web Resources:
El Monte, California

State of California


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

$4.75M Los Angeles County Car Accident Settlement Reached with Two Anaheim Residents Injured in 2008 DUI Collision with Deputy, California Injury Lawyers Blog, May 18, 2011

California Wrongful Death: Parents of Cal Poly Student Killed in '10 Pedestrian Accident Sue Caltrans, Doctor, and San Luis Obispo, California Injury Lawyers Blog, April 28, 2011

California Wrongful Death: Parents of Cal Poly Student Killed in '10 Pedestrian Accident Sue Caltrans, Doctor, and San Luis Obispo

April 28, 2011,

Lee and Michelle Hurlbutt are suing the city of San Luis Obispo, the county of San Luis Obispo, Caltrans, and Dr. Atsuko Rees for their son's California wrongful death. Matthew Hurlbutt, a 21-year-old Cal Poly student, died in a pedestrian accident after he was struck by a truck on Highway 101 on April 4, 2010. Ronald Reinhardt, who was driving the truck that hit the college student, says he never saw Hurlbutt until the accident.

The Hurlbutts are suing the three government entities because they contend that the area where the California pedestrian accident happened was poorly lit and did not have adequate warnings or a proper barrier to keep pedestrians from going onto the freeway. They are seeking damages from the doctor because they say that she improperly prescribed medical marijuana to their son. Hurlbutt's parents say that the drug altered his judgment and senses and that he didn't need the prescription.

California Car Crashes
Determining liability in an Anaheim car crash can be difficult unless you've got experienced legal representation. As you can see, sometimes there are parties other than those directly involved in the collision who can be sued. For example, certain prescription drugs can impair a person's senses enough that he/she shouldn't be out on the road. If the doctor was negligent in prescribing the medical marijuana, or failed to warn about certain side effects, she could be ordered to pay California medical malpractice damages to Hurlbutt's family.

Because California is a pure comparative fault state, even if a jury finds that Hurlbutt, who police say was intoxicated, was partially responsible for the accident, the family could still recover some damages if any of the defendants are also found liable.

Parents file wrongful death suit, San Luis Obispo, April 27, 2011

Marijuana doctor named in wrongful death lawsuit, CalCoast News, April 27, 2011

Related Web Resources:
CalTrans

County of San Luis Obispo

Prescription Drugs May Impact Driving Performance, eMaxHealth


More Blog Posts:
18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway, California Injury Lawyers, April 6, 2011

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

18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway

April 6, 2011,

Cameron Cook, 18, died early Sunday, from injuries that he sustained in an Orange, California car accident on Saturday night. Cook was standing outside a disabled 2001 Chevrolet Camaro on the 57 when a Honda Civic driven by 24-year-old Highland resident Ashley Bryan struck the disabled vehicle. The car hit Cook, pushing him over an overpass railing.

Cook fell some 50 to 60 feet before landing on a concrete embankment under the freeway. He was transported to UCI Medical Center where he was later pronounced dead.

Also injured was Logan Vescio, 18, who had been seated in the disabled Camaro. He sustained facial abrasions. Bryan was also hurt. She is charged with felony vehicular manslaughter while intoxicated and other criminal charges. Police say that her BAC was .17%, which is over twice the legal limit.

California Pedestrian Accidents
A pedestrian that gets hit by a vehicle moving at speeds of 65 mph or greater has no protection from the force of impact during this type of Orange County, California car crash. According to the CHP there were 164 California pedestrian deaths on freeways in 2009. There were 185 California pedestrian deaths on freeways in 2008.

Comparative Fault
California is a comparative fault state. Unlike comparative negligence states, where a victim has to be less than 51% at fault to recover compensation, or contributory negligence states, where if the victim is even a little at fault then he/she cannot recover anything, in this state, an injury victim who files a California personal injury complaint may be able to recover California injury damages as long as he/she isn't determined to be 100% at fault.

It is important to make sure that you or your family is represented by an experienced Orange, California personal injury law firm that knows how to prove that the other party was liable for your injuries.

Driver Charged in SoCal Freeway Overpass Death, Mercury News, April 5, 2010

Prosecutors Charge Highland Woman in JSerra Alumnus' Death, San Juan Capistrano Patch, April 5, 2011

24-year-old woman arrested in fatal crash, The OC Register, April 4, 2011


Related Web Resources:
California Department of Transportation

Pedestrians, NHTSA


More Blog Posts:
$18.3M California Traumatic Brain Injury Verdict Awarded to UC Davis Doctor Injured in Pedestrian Accident, California Injury Lawyers Blog, April 4, 2011

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

13-Year-Old Pedestrian is Struck in Orange County, California Car Crash by Two Vehicles, California Injury Lawyers Blog, January 14, 2011

Continue reading "18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway" »

$18.3M California Traumatic Brain Injury Verdict Awarded to UC Davis Doctor Injured in Pedestrian Accident

April 4, 2011,

A jury has awarded $18.3 million to Cathy Liu for a brain injury she sustained during a California pedestrian accident in 2007. The defendant in this case is the city of Sacramento. Due to a pretrial agreement, damages are capped at $6 million.

A car hit Liu, now 29, on July 6, 2007 while jogging. The UC Davis doctor and former interest still suffers from aphasia, which has impaired her speaking ability, and she also has partial paralysis on her right side.

Lu's California traumatic brain injury case focused on the quality visibility along the road where she was struck. According to her personal injury attorney, the city was negligent in its supervision and control of the Freeport Boulevard "S" curve and didn't warn drivers going toward the curve, which slides around the Taylor's Market complex, that they are approaching a crosswalk. That pedestrian lane was where the vehicle hit Liu.

The driver of the vehicle that hit Liu, 67-year-old Douglas Wayne Seybert, was initially named a defendant in her California car crash lawsuit, but his name was later dismissed. City court papers said that he had removed his foot from the gas pedal and his vehicle was only moving at 18 to 20 mph when he struck Liu. Seybert, who has admitted that he suffers from vision problems because of diabetes, was found 39% liable for the California pedestrian accident. They found Liu 10% liable and the city of Sacramento 51% liable. The jury's findings were different from that of the police department, which determined that Liu was 100% liable because she violated Vehicle code provisions that prohibit pedestrians in unmarked or marked crosswalks from stopping or delaying traffic unnecessarily.

Orange County, California Traumatic Brain Injury Cases
Living with a brain injury can change a person's life in every single way. In addition to physical impairments and emotional disabilities that can result, the person's career and personal life may be adversely affected. The medical costs from living with the effects of a TBI can be astronomical.

The outcome of this case is a clear example of why--regardless of what the authorities say--you should still explore your options with an experienced Anaheim brain injury lawyer. If Liu hadn't filed her lawsuit, she wouldn't have been able to recover compensation for her TBI.


UC Davis Doctor with Brain Injury after accident is awarded $18.3 million, Sacramento Bee, April 1, 2011

Former resident awarded millions for traffic accident, ChicoER, April 2, 2011


Related Web Resources:
Brain Injury Association of America

The Brain Injury Recovery Network


More Blog Posts:
Bret Michaels Files Los Angeles Personal Injury Lawsuit Against CBS and Tony Award Products, California Injury Lawyers Blog, March 27, 2011

Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 2010

Los Angeles Products Liability Lawsuit Seeks Damages from Riddell Sports Inc. for Teen's Permanent Traumatic Brain Injury, California Injury Lawyers Blog, August 31, 2010