California Injury Lawyers Blog

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" »

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 " »

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

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

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

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

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

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

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

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

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

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

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

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

A Riverside County wrongful death lawsuit has been filed on behalf of the three minor children of Angela Marie Wright. The defendants in the case are the City of Menifee, the City of Canyon Lake and its manager Lori Mass, the county, and the security firm that represents Canyon Lake Property Owners Association.

Wright, 39, was involved in a fatal Riverside County car crash early on December 22, 2010 when her car slid off a flooded road into Salt Creek and then the East Bay. It wasn't until several hours later that a dive team recovered the vehicle with her body in it.

The Riverside County wrongful death complaint contends that the tragic accident could have been avoided if only Goetz Road had been closed down that night. The county and the two cities are in joint possession and control of that area of road and should have/did know of the dangers posed by the creek when the dry riverbed by the road gets flooded with rain water.

The California civil lawsuit blames Canyon Lake manager Lori Moss for failing to protect the public from this road hazard by not implementing better safety measures from the flood. It wasn't until the day that Wright died and after her Riverside County motor vehicle crash that county officials decided to permanently close Goetz Rd. south of the East Gate to traffic.

Wright's children are claiming loss of love, companionship, society, affection, comfort, financial support, and moral support, as well as funeral costs. Although minors are generally not allowed to file California civil claims over personal injury or wrongful death, a guardian or another adult can submit one for them on their behalf.

The surviving spouse, kids, and surviving issue of the decedent's deceased children can "jointly and severally" file a single Riverside County wrongful death lawsuit seeking damages. In line after that are the parents of the deceased, his/her siblings, kids of deceased siblings, grandparents, and their descendants. Also in line are minors that was receiving 50% support from an was living with the person that died (as part of the victim's household) for at least 180 days prior to the death.

An experienced Riverside County wrongful death law firm can help you with your case. If you have grounds for a civil lawsuit, your case may get settled prior to trial. If not, a jury generally will determine how much (if any) you are owed. Jury members will consider a number of factors when ruling on a verdict, including loss of financial support and the right to receive it, the age of the victim, the age of any heirs, the life expectancy of heirs and the decedent, and the earning capacity of the deceased.

Working with an experienced Riverside County personal injury lawyer can increase your chances of recovering the maximum amount possible.

City slapped with wrongful death lawsuit, The Friday Flyer, September 1, 2011

Flood victim's families demand answers, The Press-Enterprise, December 10, 2010

More Blog Posts:
Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others, California Injury Lawyers Blog, September 23, 2011

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

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 " »

Robin Ellen Levinson, a community services officer with the Laguna Beach Police Department, is suing the city for Orange County, California personal injury. Levinson suffered physical injuries when she crashed her electrical bicycle in February 2010.

Levinson blames the city for her Laguna Beach bicycle accident. She claims the city failed to properly maintain Eagle Rock Way and did not remove the root deformity, which her bike ended up hitting. This caused her to lose control of the bicycle and she was thrown off it.
Per a California Highway Patrol report, Levinson sustained a shoulder fracture, a broken hip, bruises, and abrasions. The report noted that there is no designated bike lane on Eagle Rock Way.

Earlier, the city denied Levinson's Laguna Beach personal injury claim, contending that she did not "exercise ordinary care" and caused her own accident. (Prior to being able to file a civil lawsuit against a city, the injured party must first file a claim that will either be resolved or denied.)

Levinson, who had to take time off from work to recover, is claiming about $1.5 million in losses. She says the city should be responsible for her medical costs, pain and suffering, lost wages, lost earning capacity, rehabilitation, future medical bills and lost wages, and other compensatory damages.

Road defects can prove dangerous for motorists, pedestrians, and motorcyclists, which is why it is so important that such safety hazards are repaired immediately. Common road defects:

• Potholes
• Turns in roads that cannot properly accommodate the legal speed limit
• Merging lanes that are too short
• Inadequate road width
• Improper signage
• Inadequate grading
• Trenches
• Uneven lanes
• Malfunctioning stop signs
• Blind intersections
• Corners with blind spots
• Inadequate speed limits
• Absence of a sidewalk
• Poorly designed roads
• A tree placed too close to the curb edge
• Inadequate road construction warning signs

Interstates, highways, and streets in California are maintained by the city, county, another local government, or the California Department of Transportation. These parties are among those that can be held liable for injuries or deaths caused by a road defect.

Poor road conditions can cause catastrophic Orange County, California car crashes with devastating results. Medical and recovery expenses can be astronomical and there may be a loss of wages and benefits because the victim had to stop working to recover. There are also the life-altering changes that you and your family may have to live with as you cope with a traumatic brain injury, a spinal cord injury, or a loved one's death.

You will want to work with a Laguna Beach car accident law firm that knows how to prove liability on the other party's part.

Police Department employee sues city over bike accident, Laguna Beach Coastline Pilot, September 1, 2011

City of Laguna Beach

More Blog Posts:
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

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

Marcos Costa, the trucker charged with murder in the 2009 La Cañada Flintridge big rig crash that claimed the lives of Angel Posca and his daughter Angelina, 12, is suing the city, the county, and the state for California personal injury. Costa is seeking $500,000 for mental trauma, oppression, duress, and stress related to the deadly Los Angeles County truck accident.

In his Los Angeles County personal injury complaint, Costa notes that with seven prior trucking accidents having occurred at the intersection, the defendants either "knew or should have known" that the highway was a high risk accident zone and that appropriate steps should have been taken to remedy situation.The big rig driver says that the state, the county, and the California Department of Transportation created dangerous roadway conditions on the Angeles Crest Highway when it did not put up adequate warning signs, create an emergency truck lane for out-of-control trucks to leave they highway before arriving at the intersection, or take reasonable steps to keep trucks from traveling on the section of the road going to Foothill Boulevard.

Costa has been in police custody for the last two years over the murder charges. He was released from jail earlier this month after posting a $340,000 bond.

The trucker lost control of his car hauler will attempting to turn at the intersection of Highway 2 and Foothill Boulevard. The double-decker trailer, which was transporting motor vehicles, struck several vehicles, a bookstore, and a nail salon. In addition to the Angel and Angelina, 12 people suffered injuries.

The Posca family has filed their Los Angeles County wrongful death lawsuit against Costa, the county, the city of La Cañada, Caltrans, and the state of California.

Truck Crashes
Contrary to popular belief, big rig truckers do get injured in Los Angeles truck accidents and they aren't at fault in every accident. Sometimes, it is the other driver who was responsible or the city, county, and/or state were the ones that failed to make a road or intersection safe for use. The manufacturer of a large truck or the makers of defective truck parts can be sued for California products liability if a truck defect or malfunction caused the catastrophic collision.

Driver in fatal crash files civil suit, LaCanadaOnline, March 23, 2011

Two Families, Two Kinds of Torment, La CanadaFlintridgePatch, January 25, 2011

Los Angeles County Truck Accident Kills Father and Daughter and Injures 12 Others, California Injury Lawyers Blog, April 2, 2011

Related Web Resources:
CalTrans

LaCanada Flintridge

More Blog Posts:
California Wrongful Death: Family of Truck Driver Killed When His Big Rig Plunged Off Bay Bridge File Claim Against the State and Caltrans, California Injury Lawyers Blog, April 30, 2010

$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

Laguna Beach Personal Injury Lawsuit Filed Against City, Caltrans, and Construction Company for Hit-and-Run Accident, California Injury Lawyers Blog, September 13, 2010

Another two Orange County, California injury claims have been filed against the city of Huntington Beach related to the pedestrian accident that claimed the life of 3-month-old Ruby Rose Gould. The infant was killed last September after she was struck by a car that was rear-ended by another vehicle whose driver, Robert Anthony Casares, was distracted while trying to keep his laptop from falling out of its carrying case. Her family has filed Huntington Beach personal injury claims and a wrongful death claim seeking $40 million. Also seriously injured in the traffic crash were Ruby's mother and young cousin.

The latest Huntington Beach personal injury claims come from Caryl Johnson and her husband Ronald. It was Caryl's stopped car that was pushed into the crosswalk where it struck Ruby Rose and her family. She claims that she was seriously injured during the Huntington Beach pedestrian accident, and she is alleging negligence, liability, and fault for the city's failure to remedy a "dangerous condition of public property." Residents have long dubbed the crosswalk at Springdale Street and Croupier Drive as dangerous.

Ronald's claim alleges "loss of consortium." The couple point to crosswalk deficiencies, including faulty overhead flashing lights, inadequate pavement parking, and the absence of pedestrian-activated warning lights.

When road defects or flaws contribute to causing an County, California auto crash, even if there is a driver who is at fault, the victim and his/her family may also be able to hold the government entity in charge of overseeing that road liable for personal injury or wrongful death.

So many factors may have played a role in causing your Huntington Beach car accident. It can be difficult to put all the evidence together and determine who did what unless you are working with an experienced Orange County, California personal injury law firm.

Another claim filed in death of baby killed in crosswalk, OC Register, March 15, 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

Related Web Resources:
Pedestrian Safety

Recent Report Ranks Most Dangerous Counties for Pedestrians in California, STTP California

Five months after 3-month-old Ruby Rose Gould was fatally struck at a Huntington Beach crosswalk, her relatives have filed four claims totaling $40 million against the city and Orange County, California. The claimants are Ruby's parents and her two cousins who were with her at the time of the pedestrian accident.

The deadly Huntington Beach traffic crash happened on September 7, 2010 as Ruby, her mother Renee, and cousins Jacob Chuntz, 7, and Daisy Chuntz, 11, walked to the Westminster Mall. Halfway through the crosswalk on the busy intersection of Springdale Street and Croupier Drive, Renee, Daisy, and Ruby, who was in a stroller, were struck by Toyota Tundra that was rear-ended by a white Chevy Tahoe. The impact of the crash caused Ruby, who wasn't strapped to the stroller, to be thrown some 30 feet. She died later that afternoon from internal and head injuries. Meantime, Renee fractured her vertebrae and dislocated her shoulder, and Daisy broke her leg.

Distracted driving reportedly played a factor in the catastrophic Huntington Beach pedestrian accident. The driver of the Chevy Tahoe, 50-year-old Robert Anthony Casares, reportedly failed to notice that the traffic in front of him had stopped because he looked down for a moment to secure his laptop and prevent it from sliding out of its bag. Upon seeing the Toyota Tundra, he stepped on the brakes in an attempt to avoid hitting it but was unable to stop in time. Casares is charged with one misdemeanor count of vehicular manslaughter without gross negligence.

The Huntington Beach wrongful death and personal injury claims contend that the crosswalk where the tragic incident happened was not properly marked, had overhead flashing lights that weren't always working, and did not have adequate pedestrian-activated warning signs. Even prior to the accident, residents complained that the crosswalk was not safe for kids, who would use it to get to school.

A wrongful death claim against a California city is usually a precursor to a lawsuit.

$40 million in claims filed in crosswalk crash that killed baby, The OC Register, February 11, 2011

Orange County, California Pedestrian Accidents in Santa Ana, Huntington Beach, and Garden Grove Cause Injuries and One Death, California Injury Lawyers Blog, September 7, 2010

Related Web Resources:
Pedestrian Safety, SafeKids

California DMV

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

16-Year-Old Cypress Pedestrian Dies from La Palma, California Car Accident Injuries, California Injury Lawyers Blog, November 5, 2010

Eugene Grant Duke has filed a Huntington Beach personal injury claim for injuries he sustained during an Orange County, California bicycle accident. The 56-year-old local was riding his bike over the railroad tracks when he fell off it and landed on the concrete.

Duke says he suffered serious facial injuries, as well as fractured his cheekbones and right thumb. He also claims that his vision was impaired. Duke says that his Huntington Beach bicycle accident injuries required reconstructive surgery and stitches.

In his Orange County, California injury claim, Duke is seeking $250,000. He says that he fell off his bike because its front tire got stuck between two rubber surface mats. He contends that the city of Huntington Beach failed to properly inspect and maintain the mats.

Orange County, California Bicycle Accidents
Bicyclists only have their protective clothing and helmet to protect them during any type of traffic crash. This means that a fall off the bike or a traffic accident can result in serious injuries.

It is important that motorists remember that bicyclists have just as much right to use the roads as they do. Also, both drivers and cyclists must obey the different traffic laws. It is also up to the city (or whatever entity that is tasked with this responsibility) to maintain all roads and other areas that cyclists and motorists must travel. Road defects, debris, or faulty traffic signals cause serious injuries and deaths.

The Centers for Disease Control and Prevention Web site says that over 500,000 people a year are treated in emergency rooms for bicycle accident injuries. Common bike injuries can include:

• Abrasions
• Cuts
• Bruises
• Fractures
• Teeth injuries
• Facial injuries
• Traumatic brain injuries
• Internal injuries
• Broken bones
• Death

Claim: H.B. man ejected from bike wants $250,000, The Orange County Register, January 10, 2011

Bicycle Related Injuries, Centers for Disease Control and Prevention

Related Web Resources:
Bicycling Info

City of Huntington Beach, California

National Highway Traffic Safety Administration

A California wrongful death trial is scheduled to start next month against Stanislaus County over the drowning of Crows Landing resident Hector Alvarez. The 41-year-old man died after rescuing his daughter from a car, which had gone into a creek in 2005. Alvarez's family claims that the county knew that Eastin Road would get flooded during storms yet neglected to close the road.

Alvarez and his daughter Brisa Alvarez Garcia were returning from a party when she lost control of the 2001 Kia Rio, which was swept into the stream. By then storms had caused water to rise to about four feet across the road.

Garcia says that her father got out of the car and helped her escape before he drowned. Her mother and brother, who arrived to the rescue, were also swept into the creek in their car. Newman firefighters would later use rope to rescue them.

The county's attorneys are claiming that public agencies cannot be held accountable for storms and their effects. Also, a CHP officer found that Garcia was at fault for failing to ignore the warning sign that said that Eastin Road was subject to flooding. They say that Alvarez's blood-alcohol level on the night of his drowning accident was .26%.

However, Robert Snook, a collision expert, is noted (per the Modesto Bee) as saying during a sworn deposition that even though Alvarez's BAC was above the legal driving limit, he hadn't been driving the car when the tragic accident happened. Snook also said that Garcia would have had to be driving at a speed of under 23 mph that night for her car to have not gone into the creek.

Alvarez isn't the only one to drown off Eastin Road. Last January, Roberto Herrera Avila, a 74-year-old man, drowned when he drove his vehicle around barricades that had been placed in the same area where the 2005 accident happened and his SUV was flooded with water. Several vehicles have also gone into the creek via that same stretch of road.

Examples of Road Defects that Can Cause Serious Orange County, California Car Accidents:

• Potholes
• Inadequate signs or warnings or safety markings
• No guardrails
• Lack of proper safety measures at highway work zone
• Poorly designed roads
• Cracks in the asphalt
• Lack of barricades

Trial date nears in Stanislaus County drowning lawsuit, The Modesto Bee, September 27, 2010

Body found in Stanislaus County canal identified, News10ABC, February 22, 2010

Related Web Resources:
Stanislaus County, California

Car Accidents, Proving Fault, Nolo

A man who was injured in a hit-and-run accident last December has filed a Laguna Beach, California personal injury complaint against the city, construction firm All American Asphalt, and the city. Luke Perisin, an Orange County Fire Authority firefighter and paramedic who was off-duty at the time, is claiming that inadequate warning signs and poor lighting at a highway construction zone created road conditions that contributed to causing his Laguna Beach pedestrian accident.

Perisin was crossing Pacific Coast Highway at around 12:55 am on December 5 when he was struck by a white Toyota Corolla or Prius and was thrown some 50 feet. The driver did not stop at the Laguna Beach car accident site and police have yet to find the vehicle.

Perisin contends that at the time of the Orange County, California traffic crash, the intersection did not have reflective paint to delineate the lane and crosswalk lines. He also claims that there were inadequate warning signs, insufficient lighting, and a lack of the proper reflectors. In his Laguna Beach injury lawsuit, Perisin is accusing the defendants of failed to remedy the conditions on the road even while knowing that they posed a safety hazard.

The firefighter sustained what he has described as "near catastrophic" injuries and had to undergo intensive care, surgery, and physical therapy. He also had to use a wheelchair for several weeks. In his Laguna Beach personal injury claim, which he filed earlier this year and prior to this lawsuit, Perisin said that he was not able to go back to work following the hit-and-run crash.

Common Causes of Orange County, California Pedestrian Accidents:
• Road defects
• Poorly designed roads
• Drunk driving
• Distracted driving
• Speeding
• Pedestrian errors
• Faulty traffic signs
• Poor weather conditions
• Drugged driving
• Failure to yield the right of way
• Rear-end crashes that end up pushing one of the vehicles into the pedestrian lane

Hit-and-run victim files claim with Laguna Beach, OC Register, September 8, 2010

Hit-and-run driver injures O.C. firefighter, ABC7, December 9, 2009

Members of the Malibu community are calling on the city to make the Pacific Coast Highway safer. Already this year, there have been five Los Angeles County car accident deaths on the scenic route.

Although the city of Malibu has invested $180,000 in another full-time motorcycle unit, the California Department of Transportation has set up yellow plastic paddles next to traffic medians to prevent illegal U-turns, and a bike lane is being set up at the town's north end, people are still saying that these safety steps are not enough. Just last month, Seabee Petty Officer Oscar Avila Mendoza, 23, was killed close to Zuma View Place in a Malibu car crash involving a wrong way driver. Mendoza's passenger, Seabee Petty Officer Jesus Saenz, had to be flown to UCLA Medical Center for treatment of his California injuries. The driver who was going the wrong way up the highway, James Sorg, died from his Malibu motor vehicle crash injuries. Witnesses say Sorg was driving at speed over 80 mph.

In April, a Malibu pedestrian accident claimed the life of Emily Rose Shane. The 13-year-old girl suffered fatal injuries when a car driven by 26-year-old Sina Khankhanian hit her.

Police believe that Khankhanian may have been suicidal and that he purposely tried to crash his motor vehicle. He admitted that he had taken prescription drugs. He is charged with murder.

Our Los Angeles County car accident lawyers want to remind you that it is important that you not speak with the other party's insurer. We know that you may be feeling disoriented and devastated following your Malibu injury accident. However, it is now more important than ever that you take care of your interests and explore your legal options.

Malibu girl's death prompts safety push on Pacific Coast Highway, Los Angeles Times, July 31, 2010

Malibu crash that killed two and injured one may have been suicide, Swrnn.com, July 17, 2010

Wrong-way driver identified in Malibu fatal crash, Ventura County Star, July 26, 2010

Emily Rose Shane, 13-year-old, Struck, Killed In Malibu Crash, Huffington Post, May 10, 2010

Related Web Resources:
Emily Rose Shane

Pacific Coast Highway

Continue reading "Five Malibu Car Accidents on Pacific Coast Highway Lead to Calls for Action to Make The Route Safer" »

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

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