California Injury Lawyers Blog

Six months after off-duty CHP Officer Mark Saylor, his wife, teenage daughter, and brother-in-law Christopher Lastrella were killed in a California car accident involving a runaway Lexus ES 350, their relatives have filed a wrongful death lawsuit suing Toyota Motor Corp. for damages. In their California auto products liability complaint, the plaintiffs claim that the vehicle was defective and that no proper warnings were given about this. Other defendants named in the complaint are the automaker's US division, the Lexus dealership that lent the vehicle to Saylor while his car was being serviced, and a number of other corporate entities.

The Saylor family and Lastrella were fatally injured on August 28 when their Lexus accelerated to up to 120 mph before driving off the freeway, rolling over, and catching fire. Just before the deadly collision happened, Lastrella called 911 to plead for help. The vehicle occupants thought the brakes had stopped working when in fact, the gas pedal had gotten caught in the driver's side floor mat.

This shocking and preventable cause of the tragic California car wreck has prompted Toyota to recall over five million vehicles so that the gas pedals and ill-fitting floor mat defects can be fixed. Since then, Toyota has recalled other vehicles over brake problems and sticking gas pedals. At least 34 car accident deaths are now allegedly linked to the Toyota acceleration problem that have caused motorists to lose control of their vehicles that then accelerate to high speeds before crashing.

Although Toyota has apologized for these defects that have cost people their lives, the automaker's reputation for safety has taken a huge dent. Of course, for those that have either died or lost loved ones in runaway Toyota car accidents, a mere apology is not enough to make up for such devastating losses.

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Gov't: 34 Deaths Reported From Toyota Vehicles, CBS2.com, February 15, 2010

Related Web Resources:
NHTSA's Advice to Toyota Customers, National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members" »

The Los Angeles County wrongful death trial involving the city of Glendale and filed by a widow whose elderly husband died after he fell at Casa Adobe de San Rafael is scheduled to begin this month. Hasmik Khanbabayan claims that premises liability and inadequate security contributed to her husband's fall accident injuries that eventually led to his death.

Vahan Karapetian allegedly fell while stepping down from the historical building's porch. He fractured his shoulder. After over two months at Glendale Adventist Medical Center, Karapetian, who was in his 80's, died.

In her Glendale wrongful death complaint, Hasmik Khanbabayan alleges that the porch wasn't safe and that due to a lack of security patrols, Karapetian was on the ground bleeding for 45 minutes. She is seeking compensation for funeral expenses, medical costs, and distress.

Meantime, Glendale officials claim that negligence did not contributed to the elderly man's death. Instead, they cite the victim's age and medical history as causes of his death.

Fall Accidents
If you or someone you love got hurt during an Orange County, California fall accident on someone else's property, you may be able to file a premises liability lawsuit. Poor lighting, uneven stairs, uneven pavements, holes in the carpet, lack of stair or balcony railings, and other hazards can increase the chances that a fall accident may occur.

Fall injuries can be very painful and may force the injured party to take time off work and spend time in the hospital and/or at home in bed. This can lead to costly medical expenses and lost wages. If the fall accident victim lives alone, he or she may have to get someone to move in during the recovery period. Rehabilitation, which can take months, can also be very expensive.

For older people, fall injuries can lead to bedsores, infections, broken hips (possibly requiring hip replacement surgery), and even death.

Wife blames city for death, Glendale News Press, March 3, 2010

Falls in the Elderly, American Academy of Family Pediatrics

Related Web Resources:
Casa Adobe de San Rafael & Park

City of Glendale

The widow of Vernon Hunter is has filed a wrongful death lawsuit over the tragic plane crash that claimed his life. Hunter, 68, was in the seven-story building that Andrew Joseph Stack III flew into on February 18.

Nearly 200 Internal Revenue employees worked in the building, and Hunter was one of them. Police say that Stack set his house on fire before embarking on the tragic plane trip. On his Web site, he left a 3,000-word message attacking the federal government, including the IRS.

Autopsy results indicate that Hunter died from conflagration injuries. His death was ruled a homicide. The building that Stack's plane struck sustained serious damage.

The plaintiff, Valerie Hunter, originally had named Stack's widow, Sheryl Mann Stack, as a defendant in the airplane accident lawsuit. However, KVUE.com is reporting that Sheryl's name has been removed from the complaint. The lawsuit originally argued that Stack's widow should have warned that her husband might be a danger to others.

The wrongful death complaint contends that Hunter's family should be compensated for damages because Stack was negligent when he endangered the victim's life. The pilot was legally required to fly his aircraft at 1,000 feet above the highest obstacle, which he failed to do.

Orange County, California Aviation Accidents
While commercial flights undoubtedly result in more fatalities, the National Transportation Safety Board reports that passengers riding in private planes have a 50 times greater fatality risk. A significant number of these private plane crashes occur in the state of California.

There are specific state and federal laws that govern aviation accidents, and there may be multiple parties, parties from out of state, including individuals and entities that should be held liable. Pilot error, aircraft malfunction, FAA regulation violations, air traffic controller mistakes, and maintenance mistakes are just some of the common causes of aviation accidents.

Attorney: Stack widow being removed from lawsuit, KVUE, February 25, 2010

Widow of Austin Plane Crash Victim Sues Pilot's Widow, WIBW/CNN, February 28, 2010

Related Web Resources:
National Transportation Safety Board

PlaneCrashInfo.com

Continue reading "Airplane Accident: IRS Employee's Widow Files Wrongful Death Lawsuit after Pilot Crashes Plane Into Office Building" »

The mother of Tyrene Livingston is suing Toyota for Los Angeles wrongful death. Sandra Livingston filed her California auto products liability lawsuit on Monday.

Her Los Angeles County products liability complaint claims that in 2007, Tyrene, 21, brought her new Toyota Yaris back to the dealer because she was experiencing brake problems. The dealer reportedly told her that her car was working fine. Unfortunately, four days after the Toyota accelerated out of control and she died at the crash site.

Although the Toyota acceleration accident took place in Pennsylvania, Sandra filed her wrongful death complaint in California, because that is where Toyota's North American headquarters is located. Sandra claims in her lawsuit that the automaker should have provided either a means for the brake to override the system or a mechanical connection between the engine and the brake.

Our California Injury Lawyers Blog has been closely monitoring the acceleration problems that have been plaguing Toyota and the owners of its vehicles. So far, the car manufacturer has recalled over 8.5 million Toyota vehicles over issues with the gas pedals, brakes, and floor mats.

This week, Toyota's top US sales executive, James E. Lentz, stood before the House Commerce and Energy Committee and apologized over the problems that led to the need to recall so many autos. While repairs have been made to alleviate the sticking gas pedals and ill-fitting floor mats, Lentz acknowledged that the repairs won't completely solve the problems. He noted that electronics could be a possible cause of the sudden acceleration incidents that has led to Toyota drivers losing control of their vehicles. Lentz says the automaker intends to install electronic programming that will let the brake override the throttle on more autos than what was previously announced.

Toyota exec says recall won't 'totally' fix problem, Los Angeles Times, February 23, 2010

LI mom sues Toyota over death crash, New York Post, February 23, 2010

Related Web Resources:
NHTSA Launches Probe into Timeliness of Three Toyota Recalls, National Highway Traffic Safety Administration, February 16, 2010

Toyota Motor Corp.

After the jury deadlocked, a judge declared a mistrial in the La Habra wrongful death lawsuit against officers John Jaime and Pete DiPasqua. The La Habra cops were sued by the family of Michael Cho. The two cops fatally shot the 25-year-old 11 times outside a liquor store on December 31, 2007. The plaintiffs had alleged excessive use of police force by the two men. The Cho family says they will retry the Orange County, California police brutality case.

On the day that Cho, 25, was shot, the officers arrived at the scene to investigate reports that someone was vandalizing motor vehicles. The caller identified Cho as the suspect.

According to witnesses, Cho had a tire iron in his hand as he went toward the cops and he disregarded their commands that he drop the object. However, the Chos say that their son was at enough of a distance from the cops that they could have Tasered him, used pepper spray, or set the police dog on him. Meantime, the defendants' lawyer argued that his clients were legally allowed to use lethal means if they believed their lives were at risk.

Per toxicology reports, there was marijuana in Cho's system.

Orange County, California Police Brutality
Police in Orange County, California must be careful when using force on a suspect. That use of force must be absolutely necessary. Otherwise, the officers should be using less violent means to apprehend, arrest, or detain a suspect.

Unfortunately, many people don't even realize when they've become the victim of police abuse and that their civil rights have been violated. Verbal abuse, emotional abuse, threats, blackmail, harassment, and sexual abuse are also considered excessive use of force when instigated by police officers that are "doing their job."

Even if criminal charges aren't filed against the officers, there are steps you can take to hold the police officers accountable for your Orange County, California personal injuries.

Mistrial declared in fatal police shooting case, OC Register, February 12, 2010

Related Web Resources:
Police Use of Excessive Force, US Department of Justice (PDF)

La Habra Police Department

Michael Edwards' family is has filed a $10 million wrongful death claim against the city of Irvine for his Orange County, California motorcycle accident death. The 23-year-old was killed last July in an Irvine motorcycle crash involving a motor vehicle.

The deadly traffic crash happened when a Mercedes-Benz made an illegal left turn in front of the Edwards, who couldn't stop his bike in time. Edwards died at the traffic crash site.

According to the Orange County, California wrongful death claim, the city of Irvine is liable for the collision because the street where the deadly motorcycle accident happened lacked road warnings or signage. As a result, motorists may not have realized that turning left onto Wisteria from Walnut was illegal.

David Dietrich, the Mercedes's driver, pleaded guilty to the criminal charges of failure to obey traffic signs and vehicular manslaughter without gross negligence. His sentence includes 300 hours of community service and 3 months on probation.

Cities are responsible for making sure that roads are properly designed and that all the necessary traffic signs, lights, and lanes are in place to ensure that there is safe flow of traffic in all directions. Dangerous roadways can cause deadly Orange County, California motor vehicle crashes. In the event that this happens in a California city, you may have grounds for filing a personal injury claim. If you and the city are unable to reach an agreement, you may choose to pursue a civil lawsuit.

It is always tragic to lose someone you love--especially if the cause is a traffic crash that could have been avoided. Motorcycle riders only have their helmets and protective clothing (if even that) to protect them during a crash. Although many people wrongly believe that motorcyclists tend to drive their bikes at high speeds without full regard for their own safety, this is usually not the case. Spinal cord injuries, traumatic brain injuries, burn injuries, broken bones, and internal injuries can be the unfortunate result.

You may not be able to bring your loved one back, but you can hold those responsible liable in civil court.

Claim: Dangerous Irvine roadway caused fatal collision, OC Register, February 4, 2010

Related Web Resources:
City of Irvine

Motorcycle Accidents, NHTSA (PDF)

The family of 66-year-old Noriko Uno is suing Toyota for California wrongful death. They are claiming auto products liability over the fatal car crash that occurred when her Camry accelerated out of control on August 28, 2009--the same day that four people died in San Diego when their Lexus accelerated out of control. That runaway car crash led to the recall of over 4 million vehicles because the gas pedal could get entangled in the floor mat.

According to witnesses, Uno's Camry accelerated to 100 mph. She wove in and out of traffic until her vehicle hit a curb, flew into the air, struck a pole, and hit a tree. Uno died from her Los Angeles County car accident injuries.

The family's Los Angeles County wrongful death lawsuit claims that Uno died because of a defect with her Camry's electronic "drive-by-wire" throttle system. The automaker has maintained that this system is not a cause of the numerous runaway Toyota car accidents that have been happening.

Uno's family is seeking unspecified damages and is calling on Toyota to expand its recall further. The car manufacturer has recalled 2.3 million vehicles over the sticking gas pedal problem, but Uno's Camry, a 2006 model, is not included in the recall.

The family's California auto products liability lawyer says Toyota should recall its 2002 - 2006 Camry models. He says the National Highway Traffic Safety Administration and the automaker were aware of 389 complaints filed involving these models over accelerators that went out of control but that the NHTSA closed its probe because it couldn't obtain enough data to arrive at any final findings.

This week, Toyota recalled hundreds of thousands of other vehicles over other defects. The auto manufacturer recalled 437,000 Prius and Lexus hybrids so that the software that controls the brake system can be repaired. It also recalled 7,300 Camrys ( 2010 model) because of a problem with the brakes.

The federal government is also looking into complaints that there may be a problem with the steering on the 2009 and 2010 Corollas. About 80 complaints have been filed in the US.

Toyota Corolla steering problems prompt complaints to feds, February 9, 2010

Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, February 9, 2010

Calif. suit blames Toyota throttle for fatal crash, Reuters, February 4, 2010

Related Web Resources:
Recall Information, Toyota

NHTSA

Jury selection is scheduled to start today in the first of 15 dangerous drug lawsuits against Allergan, an Irvine-based Botox manufacturer. The pharmaceutical company is accused of concealing the dangers that can occur from using the drug.

This Santa Ana, California wrongful death trial involves 7-year-old Kristen Spears, who died in 2007. Over a 17-month period, Kristen, who had cerebral palsy, was given seven sets of Botox injections to relieve her leg spasms. Although the Food and Drug Administration has not approved using Botox in this manner, doctors are allowed to use the drug in medical situations where they believe it will help the patient.

Prior to her Kristen's death, her mother, Dee Spears. says the little girl exhibited symptoms of botulism, including seizures, muscle weakness, and not being able to hold her head up. In 2008, Dee sued Allergan for California products liability. She is convinced that Botox caused her daughter's wrongful death and she is seeking unspecified damages. Allergan, however, disputes the allegations and maintains that Kristen's death was unrelated of the Botox shots.

In May 2009, the Food and Drug Administration demanded that Botox and similar drugs be accompanied with stronger warning labels notifying users that this injectable medication can spread from the injection site to other parts of the body, which can cause serious side effects. Botox is used as an antiwrinkle drug, as well as to reduce muscle rigidity and spasms in adults and children suffering from certain health conditions, such as cerebral palsy.

Botox
Botox comes from botulism toxin, which is a paralytic agent. Botox temporarily stops muscle activity. FDA-approved uses for Botox include treatment for underarm sweating, eyelid spasms, crossed eyes, cervical distonia, and frown lines.

At least 11 people are claiming injuries from using Botox. The families of three other people say that Botox contributed to their loved ones' deaths.

Botox death case heads to trial, OC Register, January 25, 2010

F.D.A. Orders Warning Label for Botox, NY Times, April 30, 2009

Related Web Resources:
Allergan

FDA: Botox linked to kids' deaths, MSNBC, February 8, 2008

Food and Drug Administration

Continue reading "Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections" »

All but one of the 186 complaints filed against Metrolink over the 2005 train derailment accident on the Glendale border has reportedly been tentatively settled for $39 million. 11 Los Angeles County wrongful death settlements and 15 out of 16 California personal injury settlements have been reached. The rest of the cases involve persons who sustained non-serious injuries.

Over 200 people got hurt when a Metrolink train hit a Jeep Cherokee that Juan Manual Alvarez had left on the train tracks close to Chevy Chase Drive. Until last year's Chatsworth train accident that kill 25 people, the 2005 Glendale train collision was the most catastrophic accident in Metrolink's history. Alvarez is serving 11 life sentences for causing the train derailment.

Recent Los Angeles Train Accidents
On Sunday, a man died in Los Angeles when he was hit by a Metro Blue line train. 65-year-old Ramon Villanueva was standing on the tracks at around 10 am when the deadly train crash happened. The crossing-gate bar, the bell, and lights should have prevented him from crossing the tracks.

Last Wednesday, another 14 people were hurt in a San Fernando Valley train crash when a Metrolink commuter train hit a pickup truck. The truck had just collided with a car before driving into the path of the train.

Six people who were riding in the vehicles were injured---two of them (one of them a baby) were in critical condition. 8 train passengers said they were hurt, but only two victims appear to have been transported to hospitals for minor injuries.

Train Crashes
Each year, about a thousand people are killed in US train crashes. Common causes of train crashes include:

• Negligent train operators
• Train accident with another train
• Engineer errors
• Train defects
• Defective railroad tracks
• Poor maintenance
• A negligent pedestrian or motor vehicle driver
• Toxic or hazardous cargo
• Texting while operating a train

Metrolink reaches tentative $39-million settlement, Burbank Leader, December 30, 2009

Man Killed by Metro Blue Line Train Identified, KTLA, December 28, 2009

LA commuter train hits truck in freak accident, Google/AP, December 23, 2009

Related Web Resources:
Metrolink

California Department of Transportation

Continue reading "Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment " »

Two more claims have been filed against the city of Huntington Beach over a catastrophic boating accident under the Gilbert Drive Bridge that killed two boaters and injured a third on June 27. Shawn Wilson and Caleb Steele died after their inflatable boat hit one of the bridge's beams. The third boater, James Geekie, sustained serious head injuries.

In November, Wilson's wife Deanna filed an Orange County, California wrongful death lawsuit against Huntington Beach, the county, and the state of California. Deanna's previous claims seeking $5 million in damages for herself and another $5 million for her 3-year-old daughter with Wilson were denied.

Last week, Steele's parents, Patricia and Scott Steele, filed separate wrongful death claims against Huntington Beach. Like Deanna Wilson, the two of them claim dangerous bridge conditions, including poor lighting and failure to warn boaters of how the tides can impact navigability, caused the wrongful death.

It was high tide when Wilson struck the bridge beam. If the men had known to duck, they would have avoided striking the bridge beam.

On Tuesday, the only boater to survive the Huntington Beach boating crash, James Geekie, filed his Orange County, California personal injury claim against the city. Geekie, who sustained brain injuries, a concussion, and fractured his skull, also contends that poor conditions on the bridge contributed to his California boating accident injuries.

Orange County, California Premises Liability
An Orange County, California city can be held liable for premises liability if there was a hazard on the public property that should have been remedied but instead was not repaired or removed and caused injury or death. Public and private property owners or those in possession of the premise owe a duty of care to keep a property safe so that visitors, patrons, and others do not get hurt.

Another claim over deadly boat crash, OC Register, December 23, 2009

Relatives ask for $2 million in bridge death, OC Register, December 23, 2009

Widow Sues Huntington Beach, Orange County, and State of California for Wrongful Death Following Husband's Deadly Boating Accident, California Injury Lawyers Blog, November 10, 2009

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

A woman who says that debt collectors so upset her husband when they allegedly harassed him about paying the mortgage is suing Green Tree Servicing for his wrongful death. Stanley McLeod died of heart failure in 2005.

In 2006, his family sued the company over his death. Green Tree has been seeking to have the case resolved through arbitration but in September, an appeals court ruled against the company. A wrongful death trial will be scheduled.

Dianne McLeod says that debt collectors from the mortgage company called up to 10 times a day and left harassing messages. Dianne says the stress her husband experienced as a result of the debt collectors scare tactics caused his death.

Stanley suffered his second heart attack in 2002. He went on disability and, as a result, the couple was behind about three months on paying their mortgage.

Green Tree Servicing is denying that its employees' collection activities caused Stanley's death. The company is calling the complaint "meritless." Green Tree Servicing senior vice president Brian Corey denies that its collection workers made so many calls a day to the McLeods and is disputing the content of the messages.

The US Federal Trade Commission regulates debt collection and forbids harassing phone calls. The Fair Debt Collection Practices Act has a number of rules that debt collectors must follow, including:

• They are not allowed to harass clients with repeated calls.
• Threats of violence, verbal abuse, profanity, and obscenity are forbidden.

California Wrongful Death
An entity or a person can be sued for intentionally or negligently causing a victim's death. Wrongful death recovery allows surviving family members to receive compensation for their losses and damages, as well as get back costs related to the wrongful death.

Woman sues debt collector over husband's death, CNN, December 10, 2009

Dianne McLeod: Debt Collectors Hounded My Husband To Death, Huffington Post, September 24, 2009

Fair Debt Collection Practices Act (PDF)

Related Web Resources:
Green Tree Servicing

Federal Trade Commission

Continue reading "Widow Says Debt Collector Caused Husband's Wrongful Death" »

On Monday, Youn Bum Lee, A 42-year-old former Hyundai executive, was sentenced to a 9-year prison term for causing the hit-and-run, drunk driving Santa Ana car accident that killed a 23-year-old Fountain Valley motorcyclist on the 55 Freeway on October 19, 2005.

Ryan Dallas Cook was riding his motorcycle in the carpool lane when he was struck by the Hyundai SUV that Lee was driving. Lee was coming back from attending a Hyundai sponsored event at the Seoul Korean BBQ Restaurant in Garden Grove. The impact of the vehicle and motorcycle colliding caused Cook to be thrown from his bike and onto the freeway where he was run over by several other vehicles. He was pronounced dead at the Santa Ana motorcycle crash site.

Meantime, Lee, who investigators say was inebriated and driving without lights, fled the Orange County, California motorcycle accident site. He backed his car into a parking space at Hyundai's Fountain Valley offices in an alleged attempt to hide the vehicle damage.

Within less than 24 hours, a Hyundai employee took Lee to Los Angeles International Airport where he took a flight to South Korea. His wife and child stayed behind in Irvine. After prosecutors filed criminal charges against Lee, he was extradited to Orange County, California last December.

Last month, the 42-year-old former Hyundai executive pleaded guilty to charges of vehicular manslaughter while intoxicated and fleeing a crime scene.

Cook's family is suing Lee and Hyundai Motor Company of America for Orange County, California wrongful death. They are accusing the company of encouraging a corporate culture that promotes drinking at work events.

The host of the Hyundai event that Lee attended supposedly made a number of toasts. During a conditional exam for the criminal case, one Hyundai staffer testified that it is considered rude if guests don't drink when the host makes a toast. 14 bottles of Soju and numerous drinks were consumed by Hyundai employees who attended the work event.

Cook's family is also suing Hyundai for helping Lee leave the US after the Santa Ana motor vehicle collision.

The wrongful death trial is scheduled to begin in Orange County Superior Court on May 17, 2010.

Former Hyundai exec sentenced to 9 years in cycle death, Press-Telegram, December 8, 2009

Former Hyundai executive gets 9 years in DUI death, OC Register, December 7, 2009

Related Web Resources:
Drunk Driving (DUI/DWI) Overview, Justia

Insurance Institute for Highway Safety

The family of Alyssa Squirrell, the 11-year-old jr. lifeguard who died when she was struck by a boat during a training exercise in the ocean, has filed an Orange County, California wrongful death claim against the city of Huntington Beach. The complaint, filed on November 12, accuses lifeguard Lt. Greg Crow of negligent boat operation. The city of Huntington Beach runs the Jr. Lifeguard program.

Alyssa, a Laguna Hills resident, sustained leg and hip cuts when the boat struck her. She was in the water waiting to join her training group when the boat operator turned the boat around, causing the propeller to strike her. Alyssa was pronounced dead after surgery.

Following an investigation into the tragic accident, Orange County, California prosecutors have decided not to file criminal charges against Crow.

California Boating Accidents
Most boating accidents are caused by operator inattention or inexperience. Drunk driving while operating a vessel has also caused unnecessary boating injuries and deaths.

Boat operators owe a duty of care to operate their vessels safely. Failure to fulfill this duty of care can lead to criminal charges, as well as to California personal injury or wrongful death claims if other people are injured as a result of boat operator negligence even if the boat operator never intended to harm the victims. Many California boating accidents are preventable.

Family files claim in junior lifeguard death, OC Register, November 19, 2009

No charges in junior lifeguard death, ABC 7, November 10, 2009

Related Web Resources:
2007 California Boating Safety Report (PDF)

Huntington Beach Junior Lifeguards

Continue reading "Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training" »

The mother of a 43-year-old man who died in an Orange County, California bicycle accident on July 23 has filed a Newport Beach wrongful death lawsuit against the city. Darryl Benefiel sustained a number of injuries, including massive head injuries, when he was struck by a motor vehicle at Tesoro and Ridge Park Road.

The Newport Beach bicycle accident happened as the 22-year-old car driver was turning left. The 43-year-old bicyclist was pronounced dead at the accident site.

Per Karen Benefiel's Orange County, California wrongful death complaint, the intersection did not have a stop or yield sign and the road lacked a bike lane. She is seeking wrongful death damages for emotional trauma, loss of affection, love, and companionship, loss of financial support, loss of consortium, and loss of assistance.

The city of Newport Beach says that a preliminary probe found that no roadway defect contributed to the Newport Beach bicycle collision.

Bicycle Accident Lawsuits
If you or your loved one was seriously injured in an Orange County, California, Los Angeles County, San Bernardino County, or Riverside County bicycle accident, you may have grounds for filing a personal injury or wrongful death lawsuit. Possible defendants--depending on the cause of the bicycle crash--might include a negligent car driver, truck driver, motorcycle rider, bus driver, bicycle manufacturer, tire maker, the city, the county, or another entity.

Possible grounds for suing a city or another entity over a bicycle accident:

• Uneven paving
• Potholes
• Debris on the road
• Slippery conditions
• Lack of a bike path
• No stop sign
• No traffic light
• Faulty traffic light
• No warnings of possible hazards
• Poorly designed roads
• Obstructions on the road that make it difficult for motorists to see bicyclists and vice versa

Woman files claim in son's death, Daily Pilot, October 30, 2009

Bicyclist killed in Newport Coast, OC Register, July 23, 2009

Related Web Resources:
Bicycles, NHTSA

California Bicycle Coalition