April 2010 Archives

April 29, 2010

Passenger Killed in Crash on Highway 154 Near Windy Gap

CA-154.pngOne person died in a solo-vehicle crash early Thursday morning in Santa Barbara County, authorities have reported. The fatal rollover crash occurred in the Windy Gap area on Highway 154 (the Chumash Highway), about a half-mile south of Painted Cave Road, and involved a 2006 Dodge Dakota pickup truck. According to reports of the incident, the driver and passenger were travelling from Malibu on their way to Chumash Casino in Santa Ynez.

Around midnight, the driver, Bert Barrera, 38, swerved to avoid some rocks that had fallen in the roadway, and struck another rock that was concealed by brush, causing him to lose control of the pickup truck. The vehicle crashed into a hillside and overturned. The rollover caused the roof to cave in and fatally injured the front seat passenger, a 45-year-old Malibu man who was not identified. Barrera suffered minor to moderate injuries. According to the CHP, alcohol was not a factor in the crash, and both men were wearing seat belts.

Cause of the Crash & Liability Issues

Although the cause of the accident is still under investigation, if news reports are accurate, the crash occurred because the driver did not see the rocks in the roadway. It is unclear how fast the pickup truck was travelling when the accident occurred, and if the driver could have prevented the collision. The passenger's death was likely caused by the roof of the pickup truck caving in and fatally crushing him. This accident raises a number of concerns from a legal standpoint. One, how long had the rocks been in the road, and did Caltrans know they were in the road before the accident occurred? If Caltrans was aware of the rocks, but failed to remove the rocks from the road in a reasonable amount of time, or if they were aware that rocks had fallen in the area in the past, Caltrans could be liable for the dangerous road condition.

Secondly, could the pickup truck have been better designed to prevent the passenger's death in this accident? Pickup truck rollovers often result in fatality or catastrophic injury because their roof and roof pillars may collapse. Because pickup trucks are not classified as "passenger vehicles," they are not subject to the same federal safety standards imposed on cars, even though they are marketed as passenger vehicles. Pickup truck rollovers, although not as common as SUV rollovers, may be subject to the same legal issues and remedies. Emergency avoidance maneuvers such as the one described in this April 29th accident on State Route 154, are common causes of pickup truck rollovers.

Wrongful Death Liability

While this accident is still under investigation, the family of the man killed would be well-advised to talk to a an experienced California wrongful death lawyer as soon as possible. An experienced attorney familiar with dangerous roadway condition and vehicle rollover cases can review the accident report, arrange to have the vehicle and location of the incident inspected, and further advise the family of their best course of action in a possible wrongful death claim.

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April 28, 2010

Los Angeles Wrongful Death Attorneys: Understanding Your Rights in a Wrongful Death Claim


Wrongful death claims can arise out of any accidental or preventable death, such as a death in a car accident, an on-the-job workplace fatality, or a death caused by neglect in a nursing home. A claim may be brought against an individual or a company; whoever is deemed responsible for the death may be held financially liable for both economonic damages (like lost future earnings and funeral expenses) and non-economic damages (like loss of love and companionship).

If you have questions about a potential wrongful death lawsuit, contact the Los Angeles wrongful death lawyers at Estey Bomberger anytime for a free, confidential consultation with one of our attorneys. We are available to discuss your case, explain your legal rights and options, and give you an honest opinion of the value of your case, as well as advise you of your best course of action dealing with the insurance company going forward.

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April 27, 2010

Cyclist Critically Injured in Saticoy Hit-and-Run Accident

The Ventura California Highway Patrol is asking for the public's help in finding the driver of a vehicle that struck and critically injured a cyclist Monday afternoon in Saticoy. The accident occurred at the intersection of Nardo Street and Wells Road (California State Route 118) at about 2:50 p.m. on Monday, April 26th.

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The cyclist, Jesus Esparza Delgado, who is about 65 years old, according to the Ventura County Star, was riding his bike south on Nardo Street when a vehicle heading north on Nardo turned left and strick him in the crosswalk at Wells Road. The impact forced Delgado into the car's window and then into the road. Delgado was not wearing a helmet and suffered very serious injuries. He was taken to Ventura County Medical Center, where he was reported to be in critical condition.

The vehicle was described by witnesses as a dark gray compact, possibly a Nissan Sentra from the late 80's or early 90's. A partial license plate of 2GW997 was provided. The car was reportedly last seen heading west on Wells Road toward Highway 126. One witness said two men who appeared to be in their 20s were in the vehicle. Authorities are asking anyone with information about the collision or the people in the car to call the Ventura CHP office at (805)477-4100.

We sincerely hope that the man hurt in this accident makes a full recovery. We also hope that the driver will come forward and turn himself in to authorities soon, or that he is located by law enforcement. Leaving the scene of any accident, regardless of who causes it, is against the law, not to mention heartless. Under the California Vehicle Code § 20001, "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."

In this case, even though the driver has not been located yet, the family of Jesus Delgado would still be well-advised to talk to a California bicycle accident lawyer about their legal rights following this hit-and-run accident. In the event the driver is not located, an attorney can explain how the victim may be entitled to compensation from his own insurance policy, if he has one.

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April 26, 2010

Ford Explorer Rollover Causes Death of Canyon Country Man

CA-14.pngA passenger in a 1999 Ford Explorer died Sunday night in a rollover crash on the 14 Freeway (Antelope Valley Freeway) in Agua Dulce, authorities reported. The crash occurred shortly after 11 p.m. April 25th, just south of Agua Duce Canyon Road. According to reports by KHTS Santa Clarita Radio, the driver of the Ford Explorer, Robert Alaniz, 28, of San Fernando, lost control of the vehicle and struck a guardrail. The SUV reportedly went through the guardrail and about 300 feet down a dirt embankment, overturning multiple times.

One of the passengers, Brian Flores, 27, of Canyon Country, was ejected from the vehicle and died at the scene. Another passenger, Anthony Holgiuin, 19, of Van Nuys, was injured, along with the driver. Holguin and Alaniz were taken to Henry Mayo Newhall Memorial Hospital with minor to moderate injuries.

Ford Explorer Rollover Deaths in Southern California

This Los Angeles County accident in Agua Dulce is just one of a number of fatal Ford Explorer SUV rollover accidents this year in Southern California. Earlier this month, a 27-year-old San Diego man was killed when the Ford Explorer he was riding in overturned after it was rear-ended on Interstate 5. On March 28, two people died in a 2001 Ford Explorer rollover on I-15 in the Cajon Pass. On March 4, two men were killed in a rollover accident on I-40 involving a 2001 Mercury Mountaineer SUV (Mercury Mountaineers are mechanically identical to Ford Explorers).

SUV Rollover Accidents and Wrongful Death Issues

SUV rollover accidents have unique legal issues, and depending on certain circumstances, the manufacturer of the SUV may be held accountable. Just two months ago, a southern California jury ordered Ford Motor Company to pay $23.5 million to an Upland woman who was rendered quadriplegic after a Ford Explorer rollover accident on Interstate 15 in 2007. In that case, jurors were shown internal Ford Motor Company safety memos with safety improvement recommendations, and evidence that management turned down recommendations.

While the cause of this accident is still being investigated, the family of the victim killed as well as the driver and passengers injured in this accident would be well-advised to speak to a Los Angeles SUV rollover accident lawyer about the cause of this crash. An attorney can help the victims understand their rights and help them determine whether they may be entitled to compensation from the manufacturer of the vehicle for their injuries or their loved one's wrongful death.

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April 26, 2010

Motorcyclist Killed in PCH Crash in Malibu

pch-ventura-cty.jpgA 54-year-old Oxnard man died Sunday after a crash on Pacific Coast Highway (California State Route 1) in Ventura County, authorities reported. The victim was identified by the Ventura County Medical Center as Juan Manuel Rodriguez. According to reports in the Ventura County Star, Rodriquez was riding northbound on Pacific Coast Highway in Malibu at about 1:30 p.m., near Dear Creek Road, when a vehicle driven by a 19-year-old Simi Valley woman pulled out from the right shoulder and onto the highway. Rodriguez struck the left side of the woman's vehicle and was ejected over the hood of her car. He came to rest in the middle of the road.

The California Highway Patrol reported that the driver of the vehicle that struck Rodriquez was not aware of his proximity. Rodriquez was not speeding, but was close enough to her vehicle that there was no way for him to avoid the collision. Rodriguez was reportedly conscious when he was taken by ambulance to St. John's Regional Medical Center in Oxnard. However, his condition declined at the hospital and he died shortly after 2:30 p.m.

Who Was At Fault?

Although this fatal Malibu crash remains under investigation, it appears that the driver pulling out onto PCH caused this accident by failing to yield to the right-of-way of the motorcyclist (California Vehicle Code §21800-21810). Simply because she did not see the motorist does not exempt her from being at fault. Even if the driver is not cited or arrested by law enforcement, the family may still pursue a civil claim for wrongful death.

Wrongful Death Liability

While this fatal motorcycle accident remains under investigation, the family of the motorcyclist killed in this crash would be well-advised to talk to a California wrongful death lawyer experienced in handling motorcycle accidents. The family may be entitled to compensation from the driver, if she is determined to be at fault, as well as any other negligent parties that caused or contributed to this accident. Compensation for a wrongful death claim can include money to cover final medical and funeral expenses, future lost earnings or wages, loss of companionship, and other expenses related to the accident.

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April 26, 2010

19-Year-Old Hemet Woman Killed in SUV Rollover Crash

A 19-year-old Hemet woman died early Sunday morning after she lost control of her sport utility vehicle on Domenigoni Parkway at Lindenberger Road in Menifee, authorities reported. The April 25th accident was reported shortly after 4 a.m. According to reports, the driver and sole occupant of the vehicle, identified as Rachel Culp, lost control of her vehicle for unknown reasons and struck a light pole before her vehicle overturned. Culp was taken to Menifee Valley Medical Center, where she died shortly before 7 a.m.

The cause of the accident is still under investigation. Anyone with information regarding this incident is asked to call Deputy Howe at the Menifee Police Department Traffic Division at (951) 210-1000.

Who Was At Fault?

Based on the limited information about this accident, it is not clear why this accident occurred. Authorities will determine whether the driver was speeding, distracted, under the influence of alcohol or otherwise driving recklessly, or if something else happened to cause this fatal accident that was outside of the driver's control.

If the SUV rollover crash occurred as a result of a defect in the vehicle, or a dangerous roadway condition, the victim's family may be entitled to compensation in a wrongful death claim. While the April 25th Menifee accident remains under investigation, the family of the victim would be well-advised to talk to a California wrongful death attorney about the cause of the accident and their legal rights. An attorney can review the accident reports and arrange to have the vehicle inspected to see if there is any indication of malfunction or defect.

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April 26, 2010

Suspected Drunken Driver Kills Motorist in Highway 138 Crash During CHP Pursuit in Phelan

chp-lights-small.jpgAn innocent driver died Friday afternoon after a head-on collision caused by a suspected drunk driver in San Bernardino County, authorities reported. The Phelan crash happened after a woman led a California Highway Patrol officer on a five mile pursuit at speeds of up to 100 mph on Hwy 138, near the Cajon Pass. According to reports in the Inland Valley Daily Bulletin, the pursuit began when a CHP officer noticed a gray Toyota Corolla cross a double yellow line into oncoming traffic. The officer tried to pull over the woman, and she slowed down and began to pull off the road, but then accelerated and began weaving in and out of traffic. After about five miles, the driver of the Corolla again crossed the center line on the 138 freeway and struck a Chevrolet Camaro head-on. The collision occurred east of Sayle Road in Phelan, the Orange County Register reported.

The driver of the Camaro, a 46-year-old Santa Ana man, was killed instantly. The speeding driver suspected of being under the influence of alcohol, Zimmie Lynn Burnath, was taken to Arrowhead Regional Medical Center in Colton with major injuries.

Vehicular Pursuit Accidents

The California Highway Patrol defines a vehicular pursuit as, "An event involving one or more law enforcement officers attempting to apprehend a suspect operating a motor vehicle while the suspect is attempting to avoid arrest (or detention) by using high speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to the officer's signal to stop."

About 360 people die each year in accidents involving a pursuit or chase by law enforcement. More than half of victims of police-chase involved fatalities are innocent victims, and not the fleeing suspect. All law enforcement agencies, including the California Highway Patrol, have polices in place that govern how pursuits are handled, and when a pursuit should be discontinued if there is a risk of injury to the public.

High-Speed Pursuits and Wrongful Death Liability

If the news reports are correct, the driver of the Corolla was driving irresponsibly and recklessly and caused this crash. However, in any situtation where an innocent person is killed during a law enforcement pursuit, there is always the question of whether the accident could have been prevented by law enforcement, and was the chase really worth the risk of other people's lives? Would there have been a fatality if the CHP did not chase this vehicle?

According to an article last week in USA Today, about 35% of all police chases end in crashes. Fatality accidents involving CHP, police, or sheriff pursuits have unique legal issues. Police pursuits are dangerous, but in some cases, allowing police chase suspects at high speeds is even more dangerous, as we saw in this April 23rd crash in Phelan.

While this accident is under investigation, the family of the victim would be well advised to speak with a California wrongful death lawyer. An attorney familiar with the pursuit policies of the law enforcement agency involved in a crash can help the family determine their legal rights in a possible wrongful death claim.

Continue reading "Suspected Drunken Driver Kills Motorist in Highway 138 Crash During CHP Pursuit in Phelan" »

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April 22, 2010

15-Year-Old Rialto Boy Killed by Pickup Truck in Ontario

A 15-year-old Rialto teenager was tragically killed Wednesday afternoon after he was hit by a pickup truck on Grove Avenue in Ontario, authorities reported. The April 21st accident occurred at 2:16 p.m., north of 5th Street. The San Bernardino County Coroner identified the victim as Jesus Valencia of Rialto. According to reports in the San Bernardino Sun, the teenager was attempting to cross the street from the west side to the east side. He made it across southbound lanes, and the car in the fast lane saw him and stopped. The 21-year-old driver in the second northbound lane did not see the boy and struck him.

grove-ave.jpgValencia was taken to San Antonio Community Hospital in Upland, where he died. The driver was not arrested and the cause of the San Bernardino County pedestrian accident is under investigation. Anyone with information about the accident may contact traffic investigators at (909)395-2800.

A Dangerous Intersection?

The San Bernardino Sun reported that between 2006 and 2008, the intersection of Grove Avenue and Fifth Street has been the location of three separate traffic accidents involving fatalities. It is not clear if there were any accidents in 2009. In response to the prior accidents, "medians" consisting of several orange reflective sticks were installed to separate northbound lanes and southbound lanes.

Pedestrian Accident and Wrongful Death Liability

Based on the news reports of this crash, it is not clear who was at fault. Even though the teen was not in a crosswalk, if the driver of the pickup truck was speeding or otherwise should have seen the boy, he may be held liable for this accident. The family of Jesus Valencia would be well-advised to speak to a San Bernardino wrongful death attorney about this pedestrian accident as soon as possible.

An attorney can also look at the reports of the other fatal traffic accidents at this same location and determine if this accident could have been prevented, based on information learned or safety improvement recommendations made after the prior accidents at this same location. Depending on the circumstances, the family may be entitled to monetary compensation for the loss of their loved one in a wrongful death claim.

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April 22, 2010

Bicyclist Killed in La Habra Crash with Foothill Transit Bus

A 49-year old La Habra woman riding her bicycle was struck and killed by a Foothill Transit bus Tuesday night, the Whittier Daily News reported. The April 20th Orange County accident occurred at 8:28 p.m. at the intersection of Beach Boulevard and La Habra Boulevard. The Orange County Sheriff Coroner identified the victim as Annette Ferrin-Rodgers. According to reports, the Foothill Transit bus was heading south on Beach Boulevard before it made a left turn onto La Habra Boulevard. Ferrin-Rodgers was in the crosswalk when she was struck by the bus, which was estimated to be going between 15 to 20 mph.

No passengers were on board the bus at the time of the crash. The driver of the bus took a drug and alcohol test, per US Department of Transportation guidelines for any collision involving injury or death. The driver is now on administrative leave while the accident is under investigation.

The Whittier Daily News reported that Annette Ferrin-Rodgers had worked with the U.S. Postal Service for more than 20 years. Our deepest sympathy goes out to the family her and everyone who knew and loved her. Please keep her family in your prayers during this surely very difficult time.

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April 20, 2010

Motorcyclist Killed in Victorville Crash with Pickup Truck

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A 39-year-old Victorville man died Monday night after a pickup truck made a left turn in front of him, the San Bernardino Press-Enterprise reported. The April 19, 2010 accident occurred at 8:36 p.m. at Bear Valley Road and Cantina Drive.

The San Bernardino County Coroner's Office identified the victim as Mario Dudley. According to reports in the Victorville Daily Press, Dudley was riding his Kawasaki motorcycle west on Bear Valley Road. Edward Muños was tdriving a Toyota pickup truck eastbound on the same road. Muños apparently slowed to turn left on Cantina Drive and turned into the path of Dudley's motorcycle, resulting in the collision. Based on the reports of the accident, it is not clear how fast the pickup truck or the motorcycle were travelling. Dudley sustained major injuries and was taken to Desert Valley Hospital where he died of his injuries about an hour after the crash.

The cause of the fatal Victorville motorcycle accident remains under investigation by the San Bernardino Sheriff's Department. Anyone with information about the incident is asked to contact Deputy James Snow with the Major Accident Investigation Team at the Victorville station at (760) 241-2911.

Who Was At Fault?

Based on the reports, it appears that the driver of the pickup truck caused the crash, unless the motorcycle was travelling at an excessive rate of speed. Depending on the circumstances of the crash, the family of the motorcyclist killed in this accident may be entitled to monetary damages for the wrongful death of their loved one. While the incident is under investigation, the family of Mario Dudley would be well-advised to speak with a San Bernardino motorcycle accident lawyer about their legal rights in a wrongful death claim. An attorney can oversee the investigation and advise the family of their legal rights and options, and best course of action to protect their rights going forward.

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April 15, 2010

Temecula Toddler Drowns in Hot Tub

hot-tub.jpg A two-year-old boy who drowned in his family's backyard Jacuzzi Saturday has been identified by the Riverside County Sheriff's Department as Anthony Mares. Authorities responded to a call on April 10th at a home on Romance Place in Temecula where the little boy had made his way into the backyard unsupervised and fell into the in-ground Jacuzzi. Officers began CPR but the child was not responsive. He was taken to Rancho Springs Medical Center in Murrieta where he died.

Sheriff's officials did not disclose until Wednesday, April 14th that a drowning had occurred. The cause of the accident is under investigation. Based upon reports in the Press Enterprise, it was not clear how long the child was in the water before he was discovered, but authorities believed it was only a matter of minutes.

Accidental Drowning and Near-Drowning Statistics

An estimated 300 toddlers die in accidental drownings every year, and several thousand children are treated for near-drowning injuries in hospital emergency rooms. As many as 20 percent of near-drowning survivors suffer permanent disability as a result of their injuries. According to statistics, most children who drown in swimming pools are missing less than five minutes.

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April 14, 2010

Four People Hurt in Interstate 15 Crash in Corona

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Three people were taken to Riverside Community Hospital and one person was taken to Corona Regional Hospital Tuesday afternoon following a three-vehicle collision on northbound Interstate 15, the CHP reported. The Corona Freeway I-15 crash was reported at 3:50 p.m., just south of Magnolia Avenue. At least one vehicle, a silver sport utility vehicle, overturned and two other vehicles crashed into a fence, the Valley News reported. The extent of the injuries of the four people hurt in the crash was not available.

Interstate 15 Speed Limits

Although the state has a general maximum speed limit of 65 miles per hour, California Department of Transportation and the California Highway Patrol has implemented 70 MPH speed limits in various parts of Interstate 15, including in San Diego and Riverside Counties from Deer Springs Road to 1 mile south of El Cerrito Road. It is not known how fast the vehicles involved in this April 13th crash were travelling, however the speed limit was 65 mph where the collision occurred. For a complete list of California highways with 70 mph speed limits, see the California Department of Transportation website.

Accidents on Interstate 15 & Personal Injury Liability

Any accident that occurs at highway speeds has the potential to cause serious injury. The attorneys at Estey Bomberger have handled numerous personal injury and wrongful claims arising from Interstate 15 accidents, including chain reaction crashes and multi-vehicle accidents. If you or a member of your family have been hurt in an I-15 crash and you would like to know more information about your legal rights, contact us for a free consultation with one of our attorneys.

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April 13, 2010

Weather-Related Crashes and Personal Injury Liability

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Heavy hail along the 210 Freeway yesterday contributed to a number of Los Angeles car accidents from Sunland to Altadena. Several motorists were taken to the hospital after the CHP reported two accidents in Sunland (one near the Sunland Avenue exit and one by the Osborne Street exit), two accidents in La Canada Flintridge (one near the Foothill Avenue exit and one near the Angeles Crest Highway) and one in a Forest Service area near Little Tujunga Road. All of the accidents were reported during a bout of hail between 2 and 3 p.m. on April 12th.

Although the CHP often says accidents are caused by the weather, this is not entirely true. More accurately, the accidents are caused by one or more drivers not driving safely given the weather conditions. Hail, rain, snow, and fog all reduce visibility, and when it is raining, braking distances are increased. In wet conditions, even driving at the speed limit can be dangerous. Cars have less grip on the road, and you will need more time to stop. The decreased visibility means it will take longer to spot other motorists, cyclists and pedestrians. Driving in the rain at night can further limit visibility.

If you have been injured in a crash that was not your fault, regardless of what the weather conditions were at the time of the accident, you may be entitled to compensation from the at-fault party. For more information about weather-related accidents and personal injury claims, contact the Los Angeles auto accident lawyers at Estey Bomberger for a free, no-obligation consultation of your legal rights.

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April 12, 2010

11-Year-old Downey Girl Killed in Interstate 40 Rollover Accident

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An 11-year-old Downey girl was tragically killed Friday, April 9, 2010 in a solo-vehicle rollover accident on Interstate 40, east of Barstow, authorities reported. The Barstow City Fire Department and the California Highway Patrol responded to reports of the crash, which occurred just before 8 p.m. on westbound I-40 near Fort Cady Road in Newberry Springs. The San Bernardino County Sheriff-Coroner identified the victim as Caitlyn Montero, 11, of Downey. According to the CHP, Caitlyn's mother, Lori Montero, was driving the family's 2004 Chevrolet when she allowed the vehicle to drift into the center median. She then overcorrected, causing the vehicle to overturn multiple times. Caitlyn was ejected and died at the scene of the crash.

According to reports in the Desert Dispatch, Lori Montero was under the influence of alcohol at the time of the accident. She is facing charges for her daughter's death. Caitlyn's 10-year-old brother and a 43-year-old man in the car were also injured in the crash.

This horrific accident is absolutely heartbreaking, and we are deeply saddened for the death of young Caitlyn. Sadly, her death is only one of several hundred child fatalities every year that result from alcohol intoxication of an adult. An estimated 25% of child fatalities from motor vehicle accidents are alcohol related. Shockingly, 68% of children involved in alcohol-related crashes are in the vehicle with the intoxicated driver.

Child Endangerment Laws

California is one of many states that has a child endangerment statute to punish drunk drivers who transport minors. In non-injury offenses, if a minor passenger is under 14 years old, the state enhances existing DUI penalties by 48 hours in jail for a first offense up to 90 days in jail for multiple offenses. Furthermore, a DUI offender with a passenger who is a minor may also be convicted of child endangerment, which is a misdemeanor punishable by imprisonment in the county jail for up to one year, or in state prison for up to six years.

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April 12, 2010

Man Killed in Ford F-150 Rollover on Highway 58

CA-58.pngA 33-year-old man was killed Sunday night in a Ford F-150 rollover accident on Highway 58, authorities reported. The solo-vehicle crash occurred around 10:20 p.m. April 11th, on eastbound Highway 58, west of Borax Road. The CHP is investigating why the driver's vehicle drifted to the left and into the center median, where it overturned. The driver, who was not immediately identified, was ejected from his vehicle and died at the scene of the Kern County crash. Alcohol is not suspected to be a factor in the crash, CHP officials said. The cause of the accident is under investigation.

While this fatal crash remains under investigation, the family of the victim may benefit from speaking with a skilled California wrongful death attorney who can review their legal rights and determine if they may have a potential claim for their loved one's wrongful death. If a dangerous roadway condition or mechanical failure of the Ford pickup truck caused this accident, the family may be entitled to compensation in a wrongful death suit.

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April 12, 2010

Teen and Toddler Critically Injured April 11th in Suspected DUI Crash in Cathedral City

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A 17-year-old girl and a two-year-old child suffered catastrophic injuries when they were struck by a driver suspected to be under the influence of marijuana and other drugs who was driving in reverse in a Cathedral City neighborhood. The accident happened at around 7 p.m. Sunday April 12th at the corner of El Canto Road and Santoro Drive, two blocks south of McCallum Way.

The suspected drunk driver, Cesar Adrian Munoz-Jiminez, backed into the teen, who was holding the toddler. The teenager suffered a partial amputation of her leg, and the toddler who was thrown from her arms sustained serious head injuries. Munoz-Jiminez struck two other vehicles before his vehicle came to a stop against the house. Witnesses detained the suspected drunk driver until law enforcement arrived. He was arrested on suspicion of driving under the influence of alcohol, but could face additional charges pending the investigation.

Who Was At Fault?

If the news reports of this tragic accident are accurate, Munoz-Jiminez is at fault for this crash. Police are still investigating, and are looking for a teen driver who was in one of the vehicles that was struck and drove away. Anyone with information is asked to call Valley Crime Stoppers (760) 341-STOP. While this accident is under investigation, the families of the victims should contact a Riverside personal injury attorney about their legal rights following this accident. Driving under the influence of alcohol or drugs is against the law under California Vehicle Code § 23152. In addition to criminal charges for his actions, Munoz-Jiminez may be held financially accountable for his actions in a civil personal injury claim. An personal injury attorney can help the victims ensure they receive the full and fair compensation they are entitled to for their injuries, which may be substantial.

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April 9, 2010

Judge Sentences Costa Mesa Man to Four Years in Prison For Fatal Texting-While-Driving Accident

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A judge in Orange County has sentenced a 42-year-old Costa Mesa man convicted of killing a pedestrian to four years in prison. The driver, Martin Burt Kuehl, had been sending text messages in the minutes leading up to the fatal crash on August 28, 2008, which killed a pedestrian walking in a crosswalk. The victim, Martha Ovalle, was walking to work when she was struck at the intersection of Westcliff Drive and Buckingham Lane in Newport Beach.

In January, Kuehl was convicted of vehicular manslaughter committed with gross negligence. According to the OC Register, Kuehl begged Superior Court Judge W. Michael Hayes to not send him to prison and verbally expressed regret and remorse. He said "There's not a day that passes that I don't think of the consequences ... that I caused this horrible accident. I'm so sorry. You don't know how much this rips at my heart every day." Kuehl also told the judge that a glare on his windshield caused him not to see the victim.

Texting and driving is not only risky, it's against the law in California. Senate Bill 28, signed into law on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication." New legislation has been introduced that could increase the fines for sending text message and talking on handheld cell phones while driving. If California Senate Bill 1475 bill is passed into law, it would also add a point to your driving record and the new law would also extend to cyclists.

Continue reading "Judge Sentences Costa Mesa Man to Four Years in Prison For Fatal Texting-While-Driving Accident " »

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April 9, 2010

San Bernardino Woman Dies of Injuries Following March 13 Pedestrian Accident

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A 48-year-od woman struck by a vehicle March 13th in San Bernardino has died, authorities have reported. The victim, Jenny Rita Moya, was crossing the street at the intersection of Mount Vernon Avenue and Eighth Street at about 7:30 p.m. when she was struck by a 1993 Nissan Quest. The Daily Bulletin reported Moya remained hospitalized since the accident last month and died Wednesday, April 8th.

Our sympathy goes out to the family of Jenny Moya and everyone who knew and loved her. Please keep her family in your prayers during this surely difficult time.

Who Was At Fault?

The driver of the vehicle that struck her, a 29-year-old Rancho Cucamonga man, has not been arrested, but the cause of the accident is still under investigation. Anyone with information about the incident may call Sgt. Brett Birnbaum at 909-388-4919. Based upon the reports of this accident, it is not clear how the accident occurred, and whether the driver of the Nissan Quest was speeding, under the influence of alcohol, or otherwise driving negligently.

Liability and Wrongful Death Issues

While this San Bernardino pedestrian accident is under investigation, the family of the victim would be well-advised to speak with a San Bernardino wrongful death lawyer. Even if the driver is not cited or charged for the accident, the family may still pursue justice in a civil claim for wrongful death. An attorney can monitor the investigation, and help the family hold whoever was responsible for this woman's death accountable to the maximum extent. Compensation in a wrongful death claim can include damages for final medical expenses, funeral expenses, loss of future earnings, and loss of love and companionship.

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April 8, 2010

20-Year-Old Passenger Killed in Downey Porsche SUV Accident

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(Photo KTLA News)

A man who died following a solo vehicle crash early Wednesday morning in Downey was identified as Jesus Rovanni Ibarra, 20, of Van Nuys. Ibarra was a passenger in a Porsche Cayenne sport utility vehicle that sheared off a fire hydrant at the intersection of Imperial Highway and Lakewood Boulevard. The accident happened shortly before 1 a.m. Wednesday morning. Police found Ibarra's body on the ground outside the vehicle.

The driver of the Porsche fled the SUV on foot but was later arrested and taken to a hospital. His identity was not released. Downey police are investigating the cause of the accident are trying to figure out what happened. Anyone with information about the crash is asked to call Downey police Detective Jeff Griffin at (562) 904-2339 or Sgt. Dan Murray at (562) 904-2342.

Wrongful Death Liability Issues

Based on the news reports, it is not clear why the accident occurred. Police will investigate whether the driver was under the influence of alcohol, or if something else happened to cause this crash, and the death of Ibarra. While this accident remains under investigation, the family of the victim may benefit from speaking with an experienced Los Angeles wrongful death attorney. An attorney can monitor the investigation and help the family find out what happened, and who was responsible, as well as advise the family on their best course of action to protect their legal rights.

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April 8, 2010

Pasadena Personal Injury Lawyers | Estey Bomberger Pasadena Car Accident Attorneys

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There are hundreds of car accidents each year in Pasadena, CA, the sixth largest city in Los Angeles County. The attorneys at Estey Bomberger have represented victims in Pasadena auto accidents, bicycle accidents and motorcycle accidents, and other accidents resulting in serious injury and wrongful death throughout Los Angeles County. From experience, we know that after any accident causing serious injury, it is important to take the immediate steps necessary to protect your legal rights. This starts with talking to an experienced personal injury lawyer.

Dangerous Freeways and Intersections

Pasadena is home to four freeways, including the Foothill Freeway (Interstate 210), the Ventura Freeway (State Route 134), the Long Beach Freeway (State Route 710) and the Pasadena Freeway (State Route 110). Many of the onramps and offramps on the Pasadena Freeway are decades old and not long enough to handle the growing numbers of cars in the area. Several intersections in Pasadena are also notoriously dangerous, namely the intersection of E Corson Street and N Marengo Avenue, and the intersection of Walnut Street and Pasadena Avenue.

If you have been injured in an accident in Pasadena, contact the Pasadena car accident lawyers at Estey Bomberger for more information about your legal rights and a free consultation of your potential case.

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April 7, 2010

1 Killed, 1 Seriously Injured in Head-On Crash Near Diamond Bar

extraction-accident.jpgThe CHP is investigating a fatal head-on crash on Brea Canyon Road that left one person dead, and another with major injuries. The accident occurred just north of the Orange County / Los Angeles County line near Diamond Bar, at around 5 p.m. Tuesday, April 6. According to reports by KABC News, one vehicle, believed to have been the northbound vehicle, struck a berm on the side of the road and then swerved into oncoming traffic. At least three vehicles were involved in the collision, including a Honda Civic and a Toyota Corolla. The driver of the Honda Civic, Carlos Roberto Guillen, 33, died in the crash. Other injuries were reported.

Who Was At Fault?

The cause of the crash remains under investigation. This accident occurred on a two-lane road with no center median. Because the facts reported of this accident are limited, it is impossible to say who was at fault or why this accident occurred. Every accident is unique, and in accidents involving multiple vehicles, more than one party may be at fault. While the cause of the accident remains under investigation, the family of the victims involved in this crash may benefit from consulting with an experienced Los Angeles auto accident attorney about their legal rights in a personal injury or wrongful death claim following this head-on collision.

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April 7, 2010

One Dead, Four Injured April 6 in Interstate 5 Solo-Vehicle Accident in Castaic

Interstate 5.jpgA 29-year-old woman died following a solo vehicle freeway crash early Tuesday morning on Interstate 5 in Castaic, authorities reported. The accident happened at about 1:25 a.m., on the southbound Golden State Freeway (I-5) in Castaic. According to reports by CBS News, the Toyota Camry hit a guardrail and overturned as it went down a hillside. The vehicle came to rest on its roof, according to the California Highway Patrol.

The woman who died in the crash was identified as Stephanie M. Kelper. Her 35-year-old husband, 11-year-old son, 3-year-old son, and an 8-year-old boy were injured in the crash. Authorities reported that a speed limit sign and about 50 feet of guard rail were damaged in the accident. Alcohol is not suspected to be a factor, but the cause of the Los Angeles County crash remains under investigation.

What Caused this Accident?

Based on the limited information provided in news reports, it's not clear why the accident occurred, or even who was driving. Did the driver swerve to avoid something in the roadway, or fall asleep at the wheel? Or was something wrong with the Toyota? Hopefully the investigation by the California Highway Patrol will yield answers as to what happened to cause this crash.

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April 6, 2010

Three Killed, Two Seriously Injured in Highway 46 Head-On Collision

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A horrific crash on Highway 46 just west of Lost Hills Monday night left three people dead and two other seriously injured, the California Highway Patrol reported. The accident occurred on State Route 46, just east of Brown Material Road near the San Louis Obispo County Line at about 7:30 p.m., and involved an eastbound Jeep Grand Cherokee SUV and a westbound GMC Safari Van. According to reports in the Taft Midway Driller, the CHP believes that the Jeep crossed from eastbound lanes into oncoming traffic, where it collided with the GMC Safari Van.

Injuries and Fatalities

The driver of the Jeep, an 18-year-old Lafayette woman, and the 51-year-old driver and 71-year-old right rear passenger in the van, two men from the Salinas area, were all pronounced dead at the scene. Two other men, a 32-year-old Los Angeles man and another man from Vancouver, Washington, were seriously injured and pulled from the van as it started to catch fire. One was flown to Kern Medical Center and another was taken there by ambulance.

Highway 46 "Blood Alley"

According to a November 2009 article in the Salinas Californian, there had been 453 crashes on Highway 46 in Kern County since January 2004. Twenty of those accidents involved at least one fatality. In Kern County, Highway 46 and Highway 223 are the two state routes with the highest ration of accidents to fatalities. The currently is being widened to four lanes, which is expected to be completed in mid 2012. In February, one person was killed and five were injured in a Hwy 46 head-on crash near Annette Road. On New Years Day, three people died in a head-on crash on Highway 46 just eastbound of the San Luis Obispo - Kern County Line. The at-fault driver in that collision was arrested on suspicion of driving under the influence.

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April 5, 2010

Santa Monica Man Killed in Crash on PCH in Malibu

A 48-year-old Santa Monica man was killed Friday afternoon when his car was struck by another vehicle on Pacific Coast Highway (State Route 1) in Malibu, authorities reported. The accident occurred at about 4:15 p.m. near Broad Beach Road. According to the Los Angeles County Sheriff's Department, 19-year-old David Corona of Oxnard struck a vehicle driven by James Stellar. Corona's vehicle, which was going west, drifted across center lines and into eastbound lanes when it broadsided the vehicle driven by James Stellar, who died following the collision. Stellar was attempting to turn left from westbound PCH onto Broad Beach Road.




David Corona, who was hospitalized following the accident, told authorities he fell asleep at the wheel, the Ventura Star News reported. Investigators have not said whether drugs or alcohol were a factor in the collision. The cause of the accident and whether or not David Corona fell asleep at the wheel, remains under investigation.

Liability and Falling Asleep at the Wheel

According to the National Highway Traffic Safety Administration, the inability of a drowsy driver to stay awake at the wheel kills 1,500 and injures over 70,000 each year. Surprisingly, the under 20 age group has more sleep related car accidents because of their irregular sleep patterns.

Falling asleep at the wheel is, in almost all cases, negligent driving. If news reports are accurate and the driver fell asleep and caused this fatal accident, he is almost certainly at fault. He should have pulled over, or stopped driving when he felt tired, and not kept driving, as he did. Although this accident is still under investigation, the family of James Stellar would be well-advised to contact an experienced Los Angeles auto accident lawyer as soon as possible. An attorney can monitor the investigation and help the family understand their rights and options for holding the driver accountable for their loss in a wrongful death claim.

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April 5, 2010

Two Injured in Head-On Crash on Highway 395 in San Bernardino County

US-395.pngTwo people were injured Monday morning following a head-on collision on Highway 395 near Bear Valley Road in San Bernardino County, authorities reported. Sheriff's investigators are trying to determine what caused one of the vehicles to cross into oncoming traffic and cause the collision. Firefighters had to extricate one victim from a gray compact car. Another vehicle, a PT Cruiser, ended up on its roof on the side of the highway. Two people were taken to Arrowhead Regional Medical Center with unknown injuries.

Head-on-Collisions on Highway 395

Highway 395 in San Bernardino County is notorious as one of the most dangerous roadways in the country. Head-on collisions on Highway 395, such as this most recent one, often result in serious injury or death. Last month, three people died in a head-on crash on Highway 395 on February 20th. Another person died and three others were injured in a crash on the 395 near Barstow on January 15th.

Who Was At Fault?

Based on the limited news reports of the April 5th accident, it is unclear who caused the accident and who was at fault. Hopefully the investigation conducted by the highway patrol will yield answers as to what happened. While this accident remains under investigation, the family of the victims injured in this collision would be well advised to consult with a California personal injury accident attorney who can help them understand and protect their rights following this U.S. Route 395 accident. An attorney can help the victim recover compensation for their injuries, lost earnings, and pain and suffering following this collision from whoever is responsible for the accident.

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April 2, 2010

One Injured In Crash on Eastbound Ventura Freeway in Encino

CA-134.pngAt least one person was taken to the hospital following a multiple-vehicle accident early Friday morning in Encino, the CHP reported. The crash was originally reported as a vehicle fire at 1:34 a.m., although it is unclear what caused the collision or exactly how many vehicles were involved. The accident was reported on the eastbound Ventura Freeway (State Route 134) in Encino, just east of the Balboa Boulevard offramp.

According to reports in the Los Angeles Daily News, three or four vehicles stopped, tried to stop or crashed. All of the freeway lanes were closed temporarily, and at least one person was taken by ambulance to Encino Hospital. More people may have been injured; the CHP reported that one motorist said she had three injured people in her vehicle.

The California Highway Patrol is investigating the crash. Multi-vehicle accidents can be complex investigations and more than one party may be at fault. If you were involved in this accident or another accident involving three or more cars, you should contact a Los Angeles auto accident attorney who has successfully handled multi-vehicle crash injury cases. An experienced lawyer can explain the unique legal issues of multi-car crashes, advise you on how to handle communications with the insurance companies, and help you protect your legal rights and recover the compensation you deserve for you injuries, lost earnings, pain and suffering, and damage to your vehicle.

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April 1, 2010

Pedestrian In Wheelchair Seriously Injured in Hit-And-Run Accident

wheelchair.jpgA 52-year-old woman in a wheelchair was seriously injured Wednesday night after she was struck by a hit-and-run vehicle in South Los Angeles, police reported. The incident happened at about 10 p.m. Wednesday near 103rd Street and Avalon Boulevard. The victim suffered a broken right femur and other injuries and was hospitalized at Harbor/UCLA Medical Center. The driver of the vehicle that struck the woman did not stop and is now wanted for felony-hit and run.

A description of the vehicle that struck the woman was not released. Anyone with information about the driver or the vehicle is asked to call the LAPD's South Traffic Division at (213) 485-7417.

We hope that this woman survives and makes a full recovery, and that the driver of the vehicle will be located or come forward. Regardless of whether the driver was at fault, not stopping at the scene of an injury accident is a crime. The family of the woman injured in this accident would be well-advised to consult with a Los Angeles pedestrian accident attorney who can help with the efforts to locate the driver and protect the victim's rights. An experienced lawyer can also explain how the victim's own insurance policy, if she has one, may come into play if the driver of the vehicle is not located.

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