California Injury Lawyers Blog

A California jury has found Martin Burt Kuehl guilty of killing Martha Ovalle during a Newport Beach car accident in August 2008. The 32-year-old nanny was crossing Westcliff Drive when she was fatally struck by the Costa Mesa driver.

Prosecutors had accused Kuehl of engaging in distracted driving when he accidentally hit Ovalle with his car. The 42-year-old motorist had been sending and receiving texts within the 30 minutes leading up to the Orange County, California pedestrian accident.

However, the jury said that the texting while driving allegations did not contribute to their decision. They did, however, cite witness testimony stating that the Costa Mesa motorist did not step on the gas right away when a traffic light turned green. He also reportedly drifted lanes before striking Ovalle. Both served as indicators that Kuehl was engaged in distracted driving.

Distracted Driving Accidents
Talking on a cell phone, text messaging, surfing the Internet, eating with both hands, looking for songs on an iPod, putting on makeup, and reading are distracted driving activities that can kill motorists and pedestrians and may land the distracted driving in jail.

A Few Distracted Driving Facts:
• According to the Insurance Institute for Highway Safety, drivers who fiddle with handheld devices increase their chances of hurting themselves by up to four times.

• The National Highway Traffic Safety Administration says that the 20 and under age group, who are the most inexperienced motorists, are the ones least likely to drive while distracted.

• Per Carnegie Mellon, a distracted driver lowers the amount of brain activity that is connected to driving by 37%.

No one intends to hurt anyone by making a phone call or sending a text. But the truth is that distracted driving can kill people.

Costa Mesa driver found guilty of killing nanny in 2008 road accident, Daily Pilot, January 27, 2010

Distracted Driving: Orange County, California Judge Says Costa Mesa Driver Accused of Texting Must Stand Trial for Newport Beach Pedestrian Accident, California Injury Lawyers, September 30, 2009

Related Web Resources:
Distraction.gov

Distracted Driving, National Safety Council

Continue reading "Orange County, California Distracted Driving Accident: Costa Mesa Driver Found Guilty in 2008 Newport Beach Car Crash that Killed Nanny " »

24-year-old Brandi Lynn Sutton wants the city of Newport Beach to compensate her for $2 million for injuries she sustained when she was hit by a taxi in August 2009. The Costa Mesa resident says that the crosswalk she was in was poorly lit.

Sutton broke bones in her lower leg, suffered a concussion, and sustained elbow, knee, and back injuries when she was struck by a Ford Crown Victoria cab at around 2am on West Balboa Avenue at 26th Street. She claims that a number of factors contributed to her Newport Beach pedestrian accident, including the faded crosswalk paint and an unlit street light that created a dangerous condition on public property.

There are conflicting reports over what happened that night. One witness in a police report claims that Sutton was not in the crosswalk when the Orange County, California traffic crash happened and that she appeared to be "loitering in the roadway" and was in no hurry to get to the sidewalk. The same witness said that the street light did not go on, and only did so intermittently, until after the accident involving Sutton happened.

City officials turned down Sutton's Orange County, California injury claim asking for $2.2 million. She will have to file a Newport Beach injury lawsuit in order to recover damages.

If you were injured on public property in Newport Beach, you will first have to file a claim against the city. If your injury case is not resolved after you file, you may want to pursue a Newport Beach injury lawsuit against the city.

Premise owners are responsible for ensuring that the property they own/oversee has no hazardous conditions that can contribute to causing an Orange County, California premises liability accident. This includes making sure that roads are properly designed, adequately lit, and equipped with the proper traffic signs and signals.

Woman hit by taxi wants $2 million, The Orange County Register, February 1, 2010

Related Web Resources:
Newport Beach, California

Continue reading "Costa Mesa Woman Wants $2 Million for Newport Beach Pedestrian Accident Injuries" »

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

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

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

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

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

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

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

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

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

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

Distraction.gov, US Department of Transportation

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

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

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

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

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

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

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

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

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

California Office of Traffic Safety

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

According to Transportation for America, in 2007 and 2008 there were 491 pedestrian deaths in the Southern California metro area (includes Santa Ana, Los Angeles, and Long Beach). This zone also had the most pedestrian fatalities out of the 26 California metro zones. The metro area of San Bernardino, Riverside, and Ontario experienced 159 pedestrian fatalities during the same time period--ranking the region number two for the most pedestrian deaths in California.

With 12 pedestrian deaths for 2007 - 2008, the California Highway Patrol, says the Orange County, California city of Santa Ana had highest number of pedestrian fatalities.

Transportation for America says most pedestrian deaths in California occurred on arterial roads that have higher speed limits and more traffic. The coalition also notes that there continue to be streets in California that don't have sidewalks or crosswalks.

Of course, there is also the issue of driver negligence that can cause serious pedestrian injuries. Distracted driving, drunk driving, speeding, failure to obey traffic signs, driving under the influence of drugs, and drowsy driving are some reasons why a driver might accidentally strike a Southern California pedestrian.

Meantime, US Transportation Secretary Ray LaHood who met with Transportation for America, is vowing to address the pedestrian safety issues noted by the advocacy group's report called "Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods)." Since 1994, 76,000 pedestrian deaths occurred in the US that could have been prevented.

Spinal cord injuries, traumatic brain injuries, organ damage, and broken bones are the more common serious injuries sustained during Orange County, California car crashes. Our Anaheim pedestrian accident lawyers know that these injuries are not only painful and life changing but they can be costly to treat. The parties responsible for causing the accident may owe you damages for personal injury.

O.C. area more dangerous for pedestrians, OC Register, November 9, 2009

LaHood, Safety Council to Address Pedestrian Safety, School Transportation News, November 17, 2009

Related Web Resources:
Transportation for America

"Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods)."

National Highway Traffic Safety Administration

Too little sleep doesn't go a long way when it comes to driving safely. According to the National Sleep Foundation's new poll, in the last year alone up to 1.9 million drivers were either in a car crash or almost in one because they were driving while drowsy. Unfortunately, many motorists are unaware that driving while exhausted or sleepy can turn into negligent driving and become grounds for an Orange County, California car accident lawsuit if someone is injured or killed.

Each day, about 250,000 US drivers fall asleep while driving. The National Transportation Safety Board says there are about 8,000 drowsy driving-related deaths and 60,000 serious injuries a year.

Groups most likely to drive while drowsy are young people, shift workers, truck drivers, business travelers, and people with untreated or undiagnosed sleeping disorders. About 40 million people are believed to be suffering from some type of sleeping disorder that may make it hard for them to stay awake during the day.

Drowsy driving, not unlike drunk driving, delays reflex response times, impairs judgment, clouds the mind, and makes it hard for a motorist to pay attention. Some studies indicate that a person who has been awake for over 20 hours exhibits an impairment equivalent to someone with a .08% blood alcohol concentration.

A sleepy driver may not even realize that he or she has nodded off. Even just shutting one's eyes for a few seconds can cause the driver to drift into another lane, into oncoming traffic, or off the road, resulting in an Orange County truck accident, motorcycle crash, pedestrian accident, or bus collision.

In an effort to increase awareness about the dangers of driving while sleepy, National Sleep Foundation has declared November 2 - 8, 2009 Drowsy Driving Prevention week.

Signs you may be drowsy driving:
• Your head keeps nodding downward
• You suddenly notice that you are tailgating the vehicle in front of you
• You can't remember the last few miles that you drove
• You are having a hard time keeping your eyes open
• Focusing on the road is proving a challenge
• You keep yawning
• You just missed your exit

If possible, pull over and take a break. Caffeine helps. A better solution is to get a good night's rest and don't drive while drowsy. If you have to drive for hours at a time, take a break every 2 hours or 100 miles.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
AAA Foundation for Traffic Safety

Drowsy Driving, National SLeep Foundation

Continue reading "Sleepy Driving is Distracted Driving Habit that Causes Orange County, California Car Accidents" »

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

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

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

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

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

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

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

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

City of Westminster

In Orange County, California, a judge has ordered the Costa Mesa driver accused of fatally striking a Newport Beach pedestrian last year while text messaging on his cell phone to stand trial for vehicular manslaughter with gross negligence. If convicted, Martin Burt Kuehl faces a maximum 9-year prison sentences.

Kuehl's criminal defense attorney argued that there is no evidence, including cell phone records, to indicate that the 42-year-old driver was texting when he hit Nanny Martha Ovalle on Westcliff Drive last August. The lawyer had sought to have the charge reduced to misdemeanor vehicular manslaughter with ordinary negligence.

According to the newspaper the Daily Pilot, however, Deputy District Attorney Jason Baez says that the cell phone records indicate that Kuehl was texting for approximately 30 minutes before the Newport Beach pedestrian accident. One witness has also said that the motorist in the vehicle behind Kuehl had to strike the horn so the Costa Mesa resident would notice that the traffic light was green.

The latest developments in this Orange County, California pedestrian accident case came right before the US Department of Transportation's Distracted Driving Summit, which began today.

The dangers of texting while driving will be the center of focus, as lawmakers, law enforcement officials, and safety experts discuss the consequences of multitasking while driving. At today's kickoff, US Transportation Secretary Ray LaHood unveiled the latest figures from 2008: Almost 6,000 people in the US died in distracted driving accidents, while over 500,000 people sustained injuries. Each day last year, there were almost 800,000 people motorists using a hand-held cell phone while driving.

Teen drivers are the worst offenders, but adult motorists are not exempt from getting on the phone, texting on a Blackberry, listening to an iPod, playing a video game, or fiddling with a GPS system while driving.

Our Costa Mesa injury lawyers are aware of the hazards that come from distracted driving and the Orange County, California personal injuries and wrongful deaths that can result.

Orange County motorist accused of texting while driving faces trial for killing pedestrian, Los Angeles Times, September 29, 2009

Accused texter faces 9 years, Daily Pilot, September 28, 2009

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

Continue reading "Distracted Driving: Orange County, California Judge Says Costa Mesa Driver Accused of Texting Must Stand Trial for Newport Beach Pedestrian Accident" »

An Anaheim pedestrian accident in front of Palm Lane School has left a woman injured. The woman was crossing the street early this the morning when a Chrysler PT Cruiser struck her. Fortunately, according to an Anaheim fire captain, the car struck a parked truck first before hitting woman and the initial impact likely slowed the speed of the PT Cruiser before it hit her.

As of Wednesday, the Daily Pilot is reporting that an 11-year-old pedestrian who was injured in a Costa Mesa pedestrian accident is still in critical condition. Konrad Osgood has been experiencing bleeding in his brain after he and a 8-year-old boy, Antonio Fair, were hit by a car on Tuesday night.

The two of them were crossing the street with six other kids and two adults. They were headed to Wilson Park. According to police, the two adults were supervising the eight kids and were standing at the island that divides opposite lanes of traffic on Wilson Street when the two boys ran ahead into traffic. Newport Beach driver Ariel Claudio Mendozo, who was driving his car at about 25 mph, hit the two boys.

Last Friday, 75-year-old Ali Panahi died from injuries he sustained in an Irvine pedestrian accident that occurred in the afternoon at the intersection of West Yale Loop and Barranca Parkway. He was struck by a woman driving a Hyundai Accent. Witnesses are being sought to help determine what caused the Orange County, California traffic accident.

620 people died in California pedestrian accidents last year. That figure doesn't include the number of pedestrians who survived being hit by a car, bus, motorcycle, or truck with injuries. Because pedestrians have no protection whatsoever from the impact of getting hit by any kind of motor vehicle--especially one moving at a rapid speed--the consequences are frequently catastrophic and the medical expenses and recovery costs can be high.

Pedestrian hit by car in front of elementary school, OC Register, August 21, 2009

Boy still in critical condition, Daily Pilot, August 19, 2009

Elderly man dies after Irvine traffic collision, OC Register, August 15, 2009

Related Web Resources:
Traffic Safety Performance (Core Outcome) Measures* For California, NHTSA

Pedestrian & Bicycle Safety, FHWA Safety

Continue reading "Orange County, California Pedestrian Accidents Cause Injuries in Anaheim, Costa Mesa, and Irvine " »

The family of Gregory Gerbing, a tow-truck driver that died in a Southern California traffic accident on Interstate 215 last year is suing Caltrans and a construction company for his Riverside County wrongful death. Gerbing was kneeling on the side of the road next to his truck on the shoulder of the truck-only lanes when he was hit by a pickup truck that drove off the main lane.

Pickup truck driver Oswaldo Lopez reportedly thought he'd missed the exit to enter I-215 southbound. He was later charged with vehicular manslaughter and driving under the influence.

The Riverside County wrongful death complaint, filed for Gerbing's widow and teenage daughter, contends that barriers or medians could have prevented Lopez from entering the truck lane. The complaint states that Caltrans had already been warned that the placement of the lanes are confusing and could result in a tragic accident. The family's lawsuit is claiming that poor design of the truck lanes where Highway 60 and I-215 split close to Moreno Valley and the lack of barriers between the main I-215 route and Highway 60 split were contributing factors that caused Gerbing's death.

Members of the public had reportedly called for better signs and a median so that motorists could safely navigate the roads.

Although many people think that truck drivers are less likely than other motorists to get injured in a Riverside County motor vehicle crash, truckers do get hurt in California auto accidents. Depending on the circumstances surrounding the traffic accident, the negligent party could be another truck driver, a car driver, a motorcyclist, a pedestrian, a trucking company, the truck manufacturer, the manufacturer of a defective truck part, a government entity, or another entity. There may be even more than one party that can be held liable for personal injury or wrongful death.

The statute of limitations for filing a California wrongful death claim is two years from the date of death. Losing someone you love is one of the worst losses that you can experience. While nothing can bring your loved one back, there are ways to move forward and obtain compensation from all responsible parties. This can also provide you the funds that you need to pay for funeral and burial costs, your deceased loved ones medical expenses related to the death, as well as provide you with the financial support to take care of your family. Truck drivers cannot sue their employer for California personal injury, but they can sue third parties that were responsible for their injury accidents.

Suit filed in death on I-215, PE.com, June 26, 2009

Related Web Resources:
California Department of Transportation

Caltrans must pay $6.3 million for deadly crash, MercuryNews.com, June 24, 2009

Continue reading "Preventing Orange County, California Motor Vehicle Accidents this Memorial Day Weekend with DUI Checkpoints, "Click It or Ticket" Campaign, and Travel Safety Tips" »

Continue reading "1 Anaheim Pedestrian is Dead and 2 Santa Ana Pedestrians Are Injured in Separate Orange County, California Traffic Accidents" »

Continue reading "Orange County, California Pedestrian Accident Lawyers: Two UC Irvine Fraternities Are Suspended Following News that Student Killed While Crossing I-405 Had Been Drinking" »

Continue reading "Deadly Huntington Beach Bicycle Accident Revisited: Families of Teen Victim and Defendant to Plead Over Plea Agreement" »

Continue reading "Anaheim Pedestrian Dies in Hit and Run Accident" »