California Injury Lawyers Blog

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

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

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

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

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

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

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

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

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

Related Web Resources:
Ghost Bikes

Bicycle rules and safety

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

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

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

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

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

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

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

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

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

Related Web Resources:

Blog: Driving with diabetes, MayoClinic

Diabetes Monitor - Diabetes And Driving

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

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

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

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

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

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

Related Web Resources:
NHTSA

FMCSA, Justia Regulation Tracker

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

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

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

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

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

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

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

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

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

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

Pregnant woman hospitalized after crash, April 29, 2010

Related Web Resources:
California Office of Traffic Safety

California Highway Patrol

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
California Department of Transportation

Bay Bridge

An Orange County, California truck crash that took place at around 2:30am on Sunday has claimed the life of Cara A. Lee. The Santa Ana resident was riding in the front seat of Hao A. Nguyen's Toyota Corolla when the vehicle was struck by a Toyota Tundra truck that ran a red light in Costa Mesa.

Lee was pronounced dead at the Costa Mesa truck accident site, while Nguyen was taken to a Santa Ana hospital for treatment of minor injuries. He was arrested on suspicion of DUI.

Also arrested was Costa Mesa driver Gustavo A. Vega. The 22-year-old, who was driving the Toyota truck, was booked on suspicion of murder, felony DUI, vehicular manslaughter, possession of a controlled substance, and felony hit-and-run.

Although in most cases people never get drunk with the intention of hurting anyone, when an inebriated motorist getting behind the driver's seat of a car, he or she is putting the lives of others in great peril. Alcohol is a depressant that gets absorbed quickly into the bloodstream and stays there for awhile. It impairs a person's reaction time, slows down reflexes, impairs vision and visual perception, decreases concentration, impairs comprehension, reduces foot, hand, and eye coordination, and can cause drowsiness. While just having one of these impairments can lead to a catastrophic car crash, all of them affecting a person's driving at one time can be deadly.

Drunk drivers often have a hard time controlling their vehicle. They may not be able to stay in just one lane, forget to use headlights, follow too closely behind another auto, not realize that they are speeding or driving to slowly, and/or find it difficult to immediately stop their vehicle in an emergency.

Regardless of whether or not the legal system properly punishes a drunk driver, you can take matters into your own hands by finding out whether you have grounds for filing a Costa Mesa personal injury claim against the negligent motorist.

1 dead, 2 arrested after truck slams into car, The Orange County Register, February 14, 2010

Driving and Alcohol, Hsc.WVU.edu

Related Web resources:
Mothers Against Drunk Driving

Arrest for Driving Under the Influence (DUI): General Information, California Department of Motor Vehicles

Continue reading "One Person Dead in Costa Mesa Truck Accident Involving Two Allegedly Drunk Drivers " »

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" »

13 months after Jose Ramirez, 66, his wife Wendy, 51, and their son Robert, 15, were killed in a tragic Los Angeles County truck accident involving multiple tractor-trailers and other vehicles, his surviving sons are suing the California Highway Patrol, the state of California, the California Department of Transportation, four trucking company, and a number of truck drivers for their California wrongful deaths.

According to the California wrongful death lawsuit, filed in Los Angeles County Superior Court, the Ramirez family was stopped behind a JP Hunt Transport tractor-trailer on Interstate 40 during a dust storm on November 9, 2008 when their vehicle was rear-ended by a tractor-trailer driven at a high speed by truck driver Randy Thomas Starks in a large Midway Transportation Inc. truck.

The impact of the collision caused the Ramirez's vehicle to crash into and go completely under the semi-trailer in front of it. The multi-vehicle crash also involved SUVs, pickup trucks pulling trailers, and a Porsche. The Ramirez's died from the California truck crash. A Fullerton woman died from her injuries and at least four people were taken to hospitals.

The Los Angeles County truck crash lawsuit accuses the defendants of illegal and negligent conduct. The plaintiffs say that Starks risked people's lives when he continued to drive at 50- 55mph even though visibility was drastically reduced by the dust storm. They contend that the other tractor-trailers should have driven off the roads when the dust storm happened because that would mean visibility was significantly reduced. They say that the JB Hunt truck driver did not put up emergency warnings to indicate it had stopped.

The Ramirez brothers are blaming California, the CHP, and Caltrans for failing to post proper advisory warnings about the hazardous conditions that the weather could create. They say that the area on I-40 where the truck accident occurred is known for its dust storms and strong winds.

Lake Elsinore family files lawsuit after fatal crash, The Press-Enterprise, December 18, 2009

Canyon Lake family dies in desert crash, The Friday Flyer, November 14, 2008

Related Web Resources:
California Highway Patrol

California Department of Transportation

The family of truck driver Tahir Sheikh Fakhar is blaming Caltrans for his California truck crash death. The 56-year-old trucker died on Monday when his large truck fell off the Bay Bridge's S-curve at around 3:30am.

His big rig truck dropped 200 feet, crashing onto Yerba Buena Island. While the California Highway Patrol says that Fakhar lost control of his truck while driving 10 mph above the 40 mph speed limit, his brother, Naveed Anjum, says the design of the S-curve is to blame for the death.

Since the S-curve opened on September 8 there have been over 40 California motor vehicle crashes. The temporary roadway bend is there to allow for other bridge work.

Meantime, Caltrans is continuing to point to speeding as the cause of the Monday's truck collision and the other crashes while noting that over 16 million trips have been safely made on the S-curve.

The S-curve, located on Interstate 80, is a detour for drivers to use until the Bay Bridge's east span opens in 2013. Motorists have to make sharper turns when navigating the curve.

Caltrans says it is going to install additional speed limit signs, radar speed signs, and thick reflective stripes on both decks of the S-curve's guardrails. Raised roadway dots have been added to let drivers know when they've started lane drifting.

Truck Accidents Involving Injured Truckers
Truckers can also get hurt during truck crashes. While some California trucking collisions are a result of truck driver negligence, there are truck crashes that occur because another driver was careless, the truck malfunctioned or has a design defect, a road or bridge was poorly designed, the speed limit is not appropriate for the road and the regular flow of traffic, not enough safety measures have been implemented, or there are no warning signs about possible hazards.

Bay Bridge S-curve crashes mount, safety moves pondered, Inside Bay Area, November 10, 2009

Brother Of Truck Driver Killed In Crash Makes Emotional Plea, KTVU, November 11, 2009

Related Web Resources:
California Department of Transportation

Bay Bridge

Continue reading "California truck crash claims trucker's life when his big rig falls off Bay Bridge's S-curve" »

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" »

In May 2007, Drew Bianchi was a 21-year-old college student who was going on a camping trip. The course of his future, however, took a catastrophic turn when he was struck by a tractor-trailer that had just crashed with another large truck on Pacheco Pass. Because of his traumatic brain injury that he sustained in the California truck crash, Bianchi can no longer live a normal life and must be attended to by a medical professional 24 hours a day.

Following a five-week California traumatic brain injury trial, the jury found Samuel Bimbela, the driver of the truck that struck Bianchi's vehicle, 60% liable, the state of California 5% liable, and Gordon Trucking and the driver of the other tractor-trailer 35% liable. They awarded Bianchi $49 million in damages--$13.5 million for general damages, $4.5 million for future lost wages, $3.4 million for past medical expenses, $27.6 million for future medical costs.

Living with a traumatic brain injury can be tough. Depending on the kind of TBI that a person has, he or she may not be able to speak, understand what someone else is saying, have problems processing thoughts or emotions, experience memory loss, suffer from vision or hearing problems, suffer from sensory loss, experience serious loss of physical mobility, suffer from bladder or bowel problems, experience chronic pain, and become depressed or aggressive.

A person with a TBI may not be able to live independently, which can take an emotional and financial toll on the patient, friends, and family members.

Orange County, California Truck Accidents
For many Orange County, California truck accidents, paying for traumatic brain injury care can be extremely challenging, which is one reason it is important to obtain the maximum recovery possible from all liable parties. It can also provide a sense of relief to hold the responsible entities or persons accountable for your injuries, losses, pain, suffering, and other damages.

Calif. Jury Awards $49 Million in Personal Injury Case, The Recorder, September 24, 2009

Traumatic Brain Injuries, Neurology Channel

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

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" »

A Southern California Appeals Court says that a truck repair facility can be held liable for a 2005 Huntington Park truck accident that injured 8 people and killed 3 others. The commercial tow truck was stolen from the service yard of Maurice J. Sopp & Son. Video footage from the repair yards surveillance cameras show Raymond Bermudez walking onto the premise through an open gate and climbing into the 2003 Nissan truck. Just several hours ago, Bermudez was released on parole from Soledad State Prison.

Bermudez started the truck's engine, struck another vehicle that was behind it, hit a shade canopy, and drove off the property. He then struck several vehicles before driving into a group of people at a bus stop. A couple (they were the parents of seven children) and a single mom died from their injuries. Eight other people also sustained injuries from the deadly Los Angeles County truck accident.

The victims' families sued the tow truck company for Los Angeles personal injury and wrongful death. The defendant moved for summary judgment, citing causation and duty. The plaintiffs noted that "special circumstances" allowed for a vehicle's owner or bailee to be held liable for injuries caused by the thief of that vehicle, such as in the event that "heavy vehicles are left unattended," allowing for people who aren't used to driving them to do so.

The plaintiffs also noted that in 2004, Huntington Park had the highest car theft rate in the US and its violent crime rate was in the nation's top 14th percentile. They also argued that the car repair shop had contacted police 25 times over a five-year period because of reported break-ins and thefts and that the keys to the truck had been made easily accessible. While a Los Angeles Superior Court Judge granted the summary judgment motion, the California appeals court reversed the ruling.

California Truck Accidents
If you or someone you love was seriously injured in a Los Angeles County traffic accident involving a stolen vehicle, do not despair. The first step you need to take is to speak with an experienced Los Angeles truck crash lawyer immediately. A good injury attorney will know how to investigate your case and prove liability.

Truck crash injuries can be very serious and costly. There is no reason why you should have to cover the entire financial burden if someone else's negligence or carelessness caused your California truck collision injuries or your loved one's death.

C.A. Rules Truck Repair Shop May Be Liable for Fatal 2005 Crash, Metropolitan-News, September 4, 2009

Carrera v. Maurice J. Sopp & Son (PDF)

Related Web Resource:
Trucking Accidents: Common Causes and Liabilities, Nolo

Injured in a Truck Accident. What to Do?

A woman who survived a catastrophic California truck accident with injuries is suing the tomato truck driver and his employer for personal injury. Concepcion Lopez is the only person who survived the August 3 hit and run accident that claimed the lives of the four men who were riding in a Honda Civic with her. One of the men was her husband and another victim was her brother. She was also related to the other two victims. The family members of the other car crash victims are also suing for their wrongful death.

According to the California Highway Patrol, the deadly collision occurred when 35-year-old truck driver Hernesto Escalante allegedly ran a stop sign, crashing into the compact car. His big rig was pulling two trailers that were carrying tomatoes and the Honda ended up beneath one of the trailers. The four men in the car, Nelson Nunez, Lifredo Lopez, Angel Nunez, and Jose Menjivar, died immediately.

According to witnesses, Escalante initially stopped the truck accident site to check the vehicle but then got back in his truck and drove off. He was later apprehended and taken to jail. He pleaded not guilty to the criminal charges of leaving a crash site and vehicular manslaughter.

The plaintiffs are seeking burial costs and other compensatory and punitive damages. Also named as defendants in the California wrongful death lawsuit are Panella Trucking Company and Ralph Panella, who is the owner of the trailer and the truck.

Hit an Run Drivers
Any driver involved in a California motor vehicle crash is supposed to stop at the accident scene. The motorists involved are supposed to check the vehicles for damage and also make sure no one is hurt. In the event that someone is hurt, then emergency personnel need to be contacted. Drivers who leave the crash site or fail to stop can be charged with leaving an accident site. If the hit and driver caused the California car crash, he or she could be held liable for personal injury.

Family of Hit and Run Victims Take Legal Action, ABClocal.go.com, August 7, 2009

4 victims ID'd in alleged hit-run near Five Points, Fresno Bee, August 4, 2009

Related Web Resources:
Panella Trucking

Hit and Run, Deadly Roads

While multi-tasking can be an admirable habit when your working in an office or trying to complete chores at home, trying to accomplish too many tasks at once can prove dangerous when your driving a motor vehicle. Texting, talking on the cell phone, putting on nail polish, watching a video, reading a book, surfing the Internet, or eating might all seem like harmless activities--yet do any of these activities while driving and you increase the chances that you may be involved in a deadly Orange County, California motor vehicle crash.

Distracted driving-related accidents are happening so often that almost every week there are news reports of people getting hurt or dying because another driver was texting, talking on the phone, or engaged in another activity while driving. Now, the federal government has decided to hold a "distracted driving" summit to address this problem. US Transportation Secretary Ray LaHood has compared distracted driving to drunk driving and that just as people got tired of seeing loved ones killed in drunk driving accidents, they now had enough of motorists risking other people's lives because they refuse to stop texting or using a cell phone while driving.

The federal government's stance is a definite change from several years ago when the National Highway Traffic Safety Administration held back information and evidence it had that thousands of people were dying every year because of cell phone use--both hands-free or handheld--and other forms of distracted driving.

Even now, many US states still don't have laws regulating cell phone talking or text messaging. And while some states, such as California, do ban drivers from talking on hand-held cell phones and texting, now studies are revealing that just because you aren't holding the device doesn't mean you are any safer.

A recent AAA Foundation for Traffic Safety poll reported that although 87% of motorists think that texting or emailing is a dangerous activity to do when driving and 58% of motorists think talking on a cell phone is not a safe driving activity to engage in. Yet, despite this knowledge, 67% of drivers admitted to recently talking on the phone and driving at the same time, while 21% had recently texted while driving.

Our Anaheim, California personal injury lawyers are aware of the fact that despite state laws, there are still drivers out there that continue to text and talk on the phone while driving. If you were injured in an Orange County, California car crash because of a distracted driver, a drunk driver, or any other kind of negligent driver, you may have grounds for filing a personal injury lawsuit or wrongful death complaint.

Federal Agency Plans Distracted Driving Forum, NY Times, August 4, 2009

Distracted Driving the Top Reason that 35 Percent of Drivers Feel Less Safe than Five Years Ago, According to the AAA Foundation, AAA, July 27, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association