Los Angeles Injury Attorney Blog

A 51-year-old Santa Maria man was killed in an accident caused by a suspected distracted driver Monday morning on Highway 154, KSBY News reported. The accident happened shortly before 10:30 a.m. at Highway 154 and Edison Road. According to news sources, the victim, identified by the Santa Barbara County Coroner's Office as John Schrader, was driving a 2004 Honda that was stopped at a stop sign when he was rear-ended by a Ford truck going approximately 55 miles per hour. Schrader died at the scene. The 47-year-old driver of the Ford, Greg Edward Baum of Templeton, who was not injured, was reportedly distracted by something he had dropped in his vehicle. He voluntarily submitted to a blood test, but according to the CHP, he did not test positive for drugs or alcohol. He was not arrested, but could be facing vehicular manslaughter charges, pending the investigation.

Our condolences and sympathies go out to the family and friends of this man, whose life was taken tragically in a completely preventable accident. Please keep the family of John Schrader, and everyone who knew him and loved him in your prayers during this surely very difficult time.

Distracted Driving Accident Statistics

According to Distraction.gov, the official US government website for distracted driving, in 2009, distracted driving killed nearly 5,500 people and injured a half a million more. To learn more about the stories behind the statistics, see the Faces of Distracted Driving on Distraction.gov.

Distracted Driving and Wrongful Death Liability

Distracted driving is negligent driving. Drivers who take their hands, eyes, and mind off the road must be held accountable for the accidents they cause and the lives that end as a result. In situations such as this one, where another driver is suspected of driving distracted and causing a fatal accident, the family members of the victim would be well-advised to consult with an experienced and qualified California wrongful death lawyer. A skilled attorney can review the facts of the incident and advise the family of their best course of action to hold the at-fault driver and any other parties responsible for their loss fully accountable.

Continue reading "Santa Maria Man Killed in Highway 154 Rear-End Crash " »

A 73-year-old Solvang woman tragically died Wednesday night in a violent multi-vehicle accident on Highway 154 (San Marcos Pass Road) near Lake Cachuma. Authorities believe alcohol played a role in the September 15th crash, which involved five vehicles.

Around 8 p.m. Wednesday, Priscilla A. Susman, 54, was seen driving a 1996 Nissan Pathfinder erratically on Highway 54 toward the Santa Ynez Valley, near Lake Cachuma. Witnesses reported she made an illegal U-turn and began heading back toward Santa Barbara.
According to news reports, Susman's vehicle was seen weaving over double yellow lines and into oncoming traffic. Susman then sideswiped a 2006 Pontiac driven by Syrena M. Hernandez, 24, of Oxnard. Both vehicles spun out of control. Fortunately, Hernandez was not hurt.

Susman's Pathfinder, which ended up in oncoming traffic, was then struck by the 73-year-old Solvang woman driving a 1989 Saab, and then a 2005 Toyota Prius, driven by Linda J. Gaytan, 53, of Santa Ynez. A 2007 BMW, driven by Jay B. Fortman, 55, of Santa Barbara, reportedly struck Hernandez's Pontiac.

Susman suffered major chest trauma and was taken to Santa Barbara Cottage Hospital. Despite being in critical condition, she was arrested on charges of driving under the influence and gross vehicular manslaughter while intoxicated.

The 73-year-old Solvang woman, who was not identified, died in the crash. Gaytan and Fortman both suffered blunt force trauma injuries and were taken to Santa Barbara Cottage Hospital.

Continue reading "73-Year-Old Solvang Woman Killed, Three Injured in Highway 154 Accident " »

One 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.

Continue reading "Passenger Killed in Crash on Highway 154 Near Windy Gap " »