California Injury Lawyers Blog

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" »

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" »

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" »

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

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

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

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

Other common causes of California tractor-trailer accidents:

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

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

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

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

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

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

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

Truck Accidents, Nolo

Federal Motor Carrier Safety Administration

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

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

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

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

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 " »

A jury has ordered YRC. Inc. to pay a motorist $12.2 million for his California tractor-trailer accident injuries. The victim, who driving a Chevy Metro at the time, suffered spinal injuries and traumatic brain injuries in 2008 when he was hit by a wheel that had come off the rear axle of a tractor-trailer.

The impact of the accident caused the motorist to hit his head on the roof of the motor vehicle despite wearing a seat belt. His California TBI injuries have changed his personality and damaged his memory, concentration, and ability to pay attention. Because of his spinal injuries, he had to undergo neck surgery. He will also experience back and neck pain for life. Because of his California tractor-trailer crash injuries, the victim, who worked a contractor that built, fixed, and tested military aircraft, has been unable to resume working.

Although YRC Inc. admitted responsibility for the California truck accident, the company accused the victim of lying about his brain injury. Also, the trucking company argued that the patient's neck injury was unrelated to the crash. The jury sided with the plaintiff.

Traumatic Brain Injuries
Sustaining a serious traumatic brain injury can alter a victim's existence for life.

Types of TBIs:
Penetrating Injuries: Involves a foreign object entering the brain and causing damage that way.

Closed Head Injuries: Caused by a severe blow to a head. This can lead to primary brain damage or secondary brain damage. Primary brain damage occurs on impact. Examples of primary brain damage include skull fractures, brain bruising, hematoma, lacerations of the frontal or temporal brain lobes, and diffuse axonal injury, which involves nerve damage. Meantime, secondary brain damage may develop as a result of the original trauma over time. Examples of this type of brain damage are intracranial infection, swelling, hematoma, epilepsy, intracranial pressure, blood pressure issues, anemia, abnormal blood coagulation, lung issues, and cardiac issues.

A brain injury may impair a person's ability to communicate, think, cope with life, interact with others, and generally exist. His/her motions and personality may be affected. Memory problems, inability to quickly process information, problems concentration, and other cognitive issues can develop.

A person with a severe TBI may not be able to continue working, or live independently. The TBI patient's injuries may also seriously impact their loved ones, who can no longer rely on him/her for emotional support, consortium, and financial support.

Motor vehicle crashes (semi-truck collisions, bus accidents, car crashes, motorcycle accidents, pedestrian accidents, bicycle crashes) are a leading cause of traumatic brain injuries. There may be a negligent motorist and/or other related third parties that should be held liable. While nothing can make up for your losses and damages, obtaining Orange County, California traumatic brain injury damages can help cover accrued and future costs that you may have to contend with as a result of your injuries.

California Jury Returns $12.2M Verdict In Suit Over Man's Brain, Spinal Injuries, Lexis/Nexis

Trucking Accidents: Common Causes & Liability, Nolo

Traumatic Brain Injury, CDC

More Blog Posts:
NFL Sued by 75 Pro Football Players in Los Angeles Superior Court For Concealing Brain Injury Risks, California Injury Lawyers Blog, July 21, 2011

Irvine Teen Sustains Fatal Traumatic Brain Injury in Orange County, California Car Accident, California Injury Lawyers Blog, May 31, 2011

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

I-5S was closed for four hours at Christianitos Road early Monday following what appears to have been two San Clemente truck crashes. A man inside one of the trucks and a 26-year-old man inside a 2008 Honda were injured.

One box truck ended up on its side across three lanes after trying to avoid striking a 2008 Honda that had been left on the freeway from another crash with another big-rig. Although the truck reportedly did not stay at the Orange County, California truck accident scene, police say that the trucker may not have known he/she had hit the other vehicle.

Following the second San Clemente truck collision, crews unloaded the big rig before they restored it upright. Lanes 2, 3, and 4 were all reopened by 10am.

California Truck Accidents
Even if the driver was unaware that he/she had struck the other vehicle, which resulted in injuries to the driver of the Honda, if they are found the first trucker and his/her employer could be held liable for Orange County, California truck accident compensation. Depending on whether/not the driver of the Honda also (even if inadvertently) played a role in causing the second collision, he too could also be held liable.

Determining who caused any collision is a complex process and one that you don't want to do without an experienced San Clemente truck crash law firm representing you. There may have been multiple factors involved in why a collision happened. You want to work with Orange County, California truck crash lawyers who know how to examine all of the evidence, ask the right people the proper questions, and can work with accident reconstructionists and others who can build your personal injury case.

I-5 lanes clearing following big-rig crash, OC Register, July 25, 2011

Related Web Resources:
Federal Motor Carrier Safety Administration

Large trucks, Insurance Institute for Highway Safety

More Blog Posts:
Amtrak Train Wreck: First Personal Injury Lawsuit Filed Against Big Rig Truck Driver, California Injury Lawyers Blog, June 28, 2011

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

Orange County, California Truck Crash Cases Often Involve Multiple Parties That Should Be Held Liable, California Injury Lawyers Blog, May 9, 2011

Less than a week after a deadly collision between an Amtrak train and a 2008 Peterbilt 367 truck-tractor on Friday, the first personal injury lawsuit has already been filed. The deadly collision, which claimed the lives of at least six people and injured at least 20 others, made national headlines.

More than 200 passengers and 14 crew members were on the California Zephyr, which was in the Nevada desert when it was struck by a big rig. It has been reported that the semitrailer skidded 320 feet before striking the train.

Now, Amtrak train attendant Alexandra Curtis has filed a truck accident lawsuit against trucker Lawrence Valli and his employer John Davis Trucking Company. Curtis says she suffered permanent and severe injuries and has been diagnosed with post-traumatic stress disorder. She is accusing Valli of disregarding warning signs and railroad crossing gates. Curtis is likely not the last party to sue for personal injury or wrongful death over this deadly Amtrak train collision.

According to California Department of Motor Vehicles records, Valli has received three speeding tickets in California over the last four years. He also was ticketed by authorities for using a cellular phone that was not hands-free, carrying too long a load, and not wearing a seatbelt.

Meantime, workers are continuing to look through the train crash debris looking for more remains.

California Train Crashes
As our Anaheim personal injury law firm has reported in the past, train collisions can result in mass injuries and deaths. It is so important that train operators and crew members follow safety procedures and proper protocol so that trains get to and from their destinations without incident. Trains must also be free from defects and properly maintained. There are also some train crashes that occur because a motor vehicle driver was negligent. This is why you should work with an experienced Orange County, California train crash law firm that knows how to properly investigate your case and prove liability.

1st lawsuit filed over Amtrak train crash in NV, AP, June 28, 2011

Amtrak Train Accident: 5 Still Unaccounted for, The Christian Post, June 27, 2011

'Multiple passenger deaths' in Amtrak train crash, Chicago Sun-Times, June 25, 2011

Related Web Resources:
Train Accidents, Justia

AMTRAK

More Blog Posts:
Metrolink Train Engineer Involved in Deadly Chatsworth Train Crash Sent Text Messages Prior to Running Red Light and Colliding with Other Train, Confirm NTSB Investigators, California Injury Lawyers Blog, January 21, 2010

Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment, California Injury Lawyers Blog, December 30, 2009

MetroLink Settles Bulk of 2005 Train Accident Lawsuits Over Fatal Derailment for $30 Million, California Injury Lawyers Blog, October 15, 2009

A $6 million Riverside County personal injury settlement has been reached out of court between plaintiff Somlux Lebsack and the intoxicated truck driver who crashed into her car on January 26, 2007. Also a defendant in the case was trucker David Goff's employer.

According to the Riverside County car crash settlement, Goff was drunk, with a BAC of .37 when he drove his company-provided truck across the center divider of Interstate 10 in Banning California, to collide with Lebsack's vehicle. Emergency workers then spent an hour extricating her from her car.

Lebsack was hospitalized for almost three weeks after the Riverside, County traffic crash. She was treated for multiple traumatic injuries, including a collapsed long, a degloving injury to her left knee, an ankle fracture, and a compound fracture of her right femur. The plaintiff contends that Goff's employer knew of his history of alcohol abuse and still allowed him to drive the company truck.

Employers can be held liable for traffic crash injuries caused by their employees if the accident occurred while they were on the job. An experienced Riverside County truck crash law firm will know how to prove someone was liable and whether that person's employer should also be sued for damages.

Getting hurt in a traffic collision can result in serious injuries that can take months to recover from. In addition to medical, recovery, and rehabilitation bills, an accident victim may lose income from having to take an extend amount of time off work. He/she may also need to hire someone to help them at home until they can recover fully. In some cases, the injuries may cause permanent disabilities that can prevent the victim from working or tending to daily tasks unassisted for life.

$6 Million Settlement in Drunk Driving Accident Case, Digital Journal, May 26, 2011

Related Web Resources:
Car accidents, Justia

Drinking and Driving, Potsdam.edu

Car Accidents, Nolo

More Blog Posts:
$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

Orange County, California Truck Crash Cases Often Involve Multiple Parties That Should Be Held Liable, California Injury Lawyers Blog, May 9, 2011

If you are someone who has been injured in an Orange County, California truck accident, you will soon discover that trying to determine who should be held liable can be a daunting and difficult process. This is not the type of California personal injury case that you want to tackle without legal representation. Not only will you want to work with an experienced Anaheim truck crash law firm that knows how to prove you are owed damages, but you will also want to work with injury attorneys that know how to pursue compensation from all liable parties.

For example, plaintiff Laurentina Venegas-Pacheco recently filed a California tractor-trailer lawsuit blaming trucker Joaquin Morales, J. Morales Trucking, the state of California, and Santa Barbara County for the wrongful deaths of three people. The complaint stems from a tragic runaway truck crash on Highway 154 last August.

Trucker Joaquin Morales was driving the semi-truck that crashed into a tiny home at the bottom of the highway, killing three people who were inside: Lorena Tellez Pacheco, Leon Leonel, and Jaciel Tellez, 8. In her California wrongful death lawsuit, Laurentina Venegas-Pacheco says that numerous vehicle code violations should have prevented the two trailers being on the road. The complaint also notes that Morales has been cited for 17 infractions over the last decade, including speeding, bad tire tread, spilled loads, and another crash where he lost control of a big rig and struck a "fixed object." Meantime, Morales, who is charged with felony vehicular manslaughter, maintains that the truck accident occurred because of the highway's "dangerous condition, which was a result of the road's design, construction, repair, and maintenance.

California Truck Crash Cases
Many trucking companies will try to get you to settle your case right away. Yet unless you have someone assess the extent of your injuries and the related costs and losses, how can you possibly know how much you are owed? Agreeing to settle without first exploring your options could prevent you from receiving all the compensation you are entitled to receive.

Man Charged in Fatal 154 Truck Accident, Independent.com, March 9, 2011

Community grieves for family killed in tragic crash, KSBY, August 27, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Insurance Institute for Highway Safety

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

The California Supreme Court has reinstated a San Bernardino County tractor-trailer truck crash verdict that a state appeals court had overthrown. As a result, Ralphs Grocery Co. must now pay the widow of Adelelmo Cabral $475,298 for his wrongful death.

Cabral, a construction worker, was killed in February 2004 when his pickup truck drove off Interstate-10 at speeds of 70-80 mph and rear-ended a parked Ralphs' tractor-trailer. Although the area where the truck was parked had been designated for emergency parking only, truck driver Hen Horn chose to park to eat a snack.

Per testimony by medical personnel, Cabral likely was suffering from an undiagnosed condition or fell asleep at the wheel when he drove his vehicle off the road and collided with the large truck. There is no evidence that he tried to avoid the crash.

A jury found Cabral 90% liable. It found Ralph's 10% liable. $475,298 is 10% of the $4.33 million in noneconomic damages awarded, with damages for the semi-truck also deducted from the original verdict.

The state appeals court overturned the San Bernardino County wrongful death verdict. That court found that the grocery chain was not legally obligated to protect drivers from a truck that had been negligently parked because such a roadside crash was only a remote possibility. However, the California Supreme Court disagrees, finding that such a collision was "clearly foreseeable."

The California Supreme Court's ruling in Cabral v. Ralphs Grocery Company is a clear example of why it is important that you have an experienced San Bernardino County truck crash law firm representing you. It would have been easy for the victim's family to assume that they weren't owed any damages because Cabral appeared to have been mostly at fault. However, upon further examination, a jury, and later the state's highest court, agreed that truck driver negligence partially contributed to causing the California semi-trailer accident, which is why Cabral's family will receive some financial recovery.

Parked trucker's boss liable for fatal crash, San Francisco Gate, March 2, 2011

S.C. Revives Lawsuit Against Ralphs by Widow of Negligent Driver, Metropolitan-Enterprise, March 1, 2011

Related Web Resource:
Cabral v. Ralphs Grocery Company

More Blog Posts:
Recent Los Angeles County, Riverside County, and San Bernardino County Truck Accidents Cause Injuries, California Injury Lawyers Blog, December 7, 2010

Trucker Who Lost Control of Big Rig in Multi-Vehicle Los Angeles Traffic Crash on 405 N Had Suffered Fatal Heart Attack, California Injury Lawyers Blog, October 29, 2010

Woman Injured in Fountain Valley Truck Accident, California Injury Lawyers Blog, October 18, 2010

The rains have kept coming and already, a number of Orange County, California car crashes have occurred where poor weather and road conditions played contributing factors. That said, our Anaheim injury lawyers want to remind motorists that heavy rains and poor visibility won't exempt them from liability should negligence, carelessness, or driver error cause them to be involved in a motor vehicle collision where someone ends up dying or getting hurt.

Here are a Number of Safety Tips for Driving Through the Rain (Sources include AAA and SMartMotorist.com):

• Drive a reduced speed. Cars need three more space and more time to stop when the roads are slippery.
• Keep a six to eight second distance from the auto in front of you.
• Drive with your headlights on so others can see you.
• Pay attention to the road and traffic.
• Don't talk on the cell phone or text message.
• Keep both hands on the steering wheel.
• Don't drive when drunk.
• Don't step on the brakes if your auto starts to skid. Instead, ease off the accelerator.
• Don't accelerate when driving through standing water or you may end up hydroplaning.
• If you can, stay in the middle lanes where water is less likely to pool.
• Stay in the tracks of the vehicle in front of you.
• Don't assume that other drivers can see you--especially when the weather is poor.
• Don't drive when drowsy.
• If you aren't comfortable driving in the rain, avoid doing so.
• Don't lose your temper on the road. Remember that everyone is just trying to safely arrive at their destination and is also dealing with the same delays and frustrations.
• Make sure that the your windshield wipers are in proper working condition.
• If you can't see the ground, avoid driving through moving water.
• Avoid driving through a puddle where the height of the water goes above the bottom of your car's doors.

No one wants to start or finish the year with an Orange County, California accident, but sometimes this ends up being the case. Do not hesitate to contact our Anaheim car accident law firm to start exploring your legal options. The sooner you do this, the better.

Wet roads: Slow down or this could be you, OC Register, December 29, 2010

Tips For Driving In Rain, SmartMotorist

Related Web Resources:
Orange County Traffic Map, SigAlert

The Weather Channel

A Lake View Terrace big rig crash in Los Angeles County has left a 13-year-old boy with injuries. The teen got hurt when the tractor-trailer he was riding on the eastbound 210 Freeway went off the road and into a modular home park at around 3:39 am today. The large truck was reportedly transporting some 36,000 pounds in sour and whipped cream.

The person who had been driving the semi-truck at the time was an unlicensed 16-year-old driver. According to authorities, the truck's original driver had given control of the vehicle to the teenager. The trucker and a 3-year-old left the Los Angeles County truck accident site.

Also today, two people sustained serious injuries in a Fontana truck crash involving a big rig and an Acura Integra. 14 San Bernardino County firefighters worked with the Jaws of Life to extricate the two victims from the car.

As our Anaheim truck accident lawyers have said in other blog posts, California truck crashes often result in serious injuries for those involved. It is important that you start exploring your legal options right away.

It was just six days ago that a 41-year-old man died in a Riverside County truck collision. Marco Dimare was pronounced dead at the truck collision site located along Interstate 10 close to Cabazon. The truck accident involved a speeding, stolen 2005 Chevrolet Silverado Utility truck and the 2008 Toyota Land Cruiser that Dimare was driving. The driver of another vehicle that was struck, 43-year-old Bennett B. Buchsieb, suffered minor injuries. The person who was driving the utility truck fled the accident site.

California truck crashes can cause spinal cord injuries, traumatic brain injuries, serious international injuries, and deaths. Truckers and trucking companies can be held liable for Orange County, California personal injury or wrongful death if their negligence or carelessness played a factor in causing a catastrophic truck collision.

Unlicensed teen crashes big rig, causes traffic jam on eastbound 210 freeway in Lake View Terrace, Daily News, December 7, 2010

Two seriously injured in Fontana big rig crash, San Bernardino County Sun, December 7, 2010

Stolen speeding truck causes fatal wreck, The Press Enterprise, December 2, 2010

Related Web Resources:
The Truck Safety Coalition

Trucking Accident, Nolo

Large Trucks, Insurance Institute for Highway Safety

According to Allstate Insurance Company, more Californians crash their motor vehicles on December 15 (when there is a 23% jump in the number of accident claims above the daily average) than on any other day of the year. Allstate says it reached this conclusion after reviewing its auto insurance claims in the state over the last four years.

According to Robert Feldman, a Los Angeles Allstate agency owner, holiday shopping, weather, travel, and other distractions may be causing this rise in California car crashes. Allstate says the other worst days of the year for California car accidents are February 14, October 13, December 18, and September 5.

There are ways to decrease the chances of an Orange County, California car accident while driving regardless of the day of the year, including:

• Don't text message
• Don't talk on a handheld cellular phone
• Stop playing with the radio dial or fidgeting with the iPod
• Don't drive drunk
• Don't speed
• Adjust your driving to the traffic and weather conditions
• Don't drugged drive
• Obey the traffic laws
• Don't drowsy drive
• Don't distracted drive

To show you that a decrease in traffic fatalities is possible even when the odds are against it, the California Highway Patrol reported 11 traffic crash deaths during the first 60 hours of the Thanksgiving holiday period--that's 8 less deaths than during the same period for 2009. Thanksgiving is the holiday that is considered the most dangerous for US motorists.

Unfortunately, negligent motorists are not the only parties that can cause an Anaheim car crash. Trucking companies, auto manufacturers, and the state or local entity in charge with maintaining a street and its traffic devices have all been known to cause catastrophic injury accidents because of negligence or carelessness.

December 15 is Most Dangerous Day for California Drivers, PR Newswire, December 6, 2010

Thanksgiving traffic deaths down this year, The OC Register, November 27, 2010

Related Web Resources:
Allstate

California Highway Patrol

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