Los Angeles Injury Attorney Blog

At least two people died and others were injured after three separate big-rig crashes on Interstate 40 Thursday morning, the CHP reported. Eight tractor trailers were involved in three collisions in a six mile area between Fenner rest area and Essex Road in San Bernardino County, about 40 miles west of Needles.

The first collision, a solo vehicle accident, was reported at 1:20 a.m. on eastbound I-40 about two miles west of the Fenner rest stop near Essex (about 100 miles east of Barstow). One semi-truck overturned and the driver suffered a broken arm and other injuries.

The second collision, involving four tractor-trailers, occurred at 2:36 a.m. about a mile away from the initial crash. One of the big-rig trucks burst into flames and was completely burned. One of the truck drivers died in that collision.

The third collision was reported at 3:51 a.m. One of the truck drivers died in that collision; another suffered minor injuries.

The causes of the three June 10th I-40 tractor-trailer accidents remains under investigation by the California Highway Patrol. A San Bernardino County fire Dispatch supervisor said it did not appear that weather was a factor in the Interstate 40 accidents. More information will be updated as it becomes available.

Continue reading "Two Truck Drivers Killed in I-40 Big Rig Pileup in San Bernardino County " »

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.

Continue reading "11-Year-old Downey Girl Killed in Interstate 40 Rollover Accident " »

The San Bernardino County Coroner's office reported Friday that two men from Los Angeles were killed in a rollover accident Thursday, March 4th on Interstate 40, near Ludlow. The accident occurred at about 1 p.m. on eastbound I-40, just west of Kelbaker Road. The victims were identified Friday as Thomas Getty Thate, 54, of Los Angeles and Brett Hugh Lekie, 43, also of Los Angeles. According to reports, Thomas Thate was driving the 2001 Mercury SUV when for unknown reasons, he lost control of the vehicle and it overturned several times. Both men died at the scene of the crash.

Please keep the families of Thomas Thate and Brett Lekie in your prayers as they are coping with this tragic accident and sudden loss. Our sympathy goes out to everyone who knew and loved both men.

This is not the first fatal SUV rollover accident near Ludlow this year. On January 13, 2010, a 77-year-old Arizona woman died in a Toyota SUV rollover crash on westbound I-40 near Ludlow.

The California Highway Patrol is investigating the cause of the accident. According to reports in the Press-Enterprise, both men were wearing seat belts. The weather was cool and clear, so it is unlikely that weather conditions or poor visibility contributed to the accident. Fatalities in SUV rollover accidents such as this one involving a 2001 Mercury SUV, are often caused when the roof collapses in a rollover crash. Vehicles with stronger roofs have fewer deaths than vehicles with weaker roofs, and Ford Explorers, Mercury Mountaineers and Mazda Navajos made between 1999 and 2002 have some of the highest rates of driver death. Ford Motor Company has paid out hundreds of millions in settlements to victims and their families injured or killed in SUV rollover accidents.

While this accident is under investigation, the families of both men killed in this rollover accident would be well advised to speak with a SUV rollover accident lawyer about their rights in a wrongful death claim. An attorney can have a rollover accident expert inspect the vehicle and determine if a defect in design or roof crush caused this accident or the fatalities of both occupants. The families of both victims may consider suing the vehicle's manufacturer for the wrongful death of their loved ones in a product liability lawsuit.

Continue reading "Two Men Killed in SUV Rollover on Interstate 40 in San Bernardino County " »

The San Bernardino County Sheriff-Coroner's Department has reported a 77-year-old resident of Bullhead City, Arizona, was killed in an accident Wednesday morning on Interstate 40. The January 13, 2010 accident was reported shortly after 10 a.m. on westbound Interstate 40, about four miles east of Ludlow in San Bernardino County. According to news reports of the accident, the victim, Phyllis Cuseo, was driving west when, for unknown reasons, her 1999 Toyota 4Runner drifted from the slow lane and into the center divider. Cuseo then overcorrected, causing the SUV to overturn multiple times and come to rest on the south shoulder of the highway. Cuseo was ejected from the vehicle and died at the scene of the crash.

The news reports of this accident do not fully explain what happened and it is impossible to tell what caused this devastating crash. The California Highway Patrol is still investigating the Interstate 40 accident, and will determine if a possible dangerous road condition caused the accident, or even if something malfunctioned mechanically with Cuseo's car. While this accident is still being investigated, the victim's family would be well advised to consult with an experienced California highway accident lawyer. If a defective road condition or vehicle malfunction resulted in this tragic accident, the family may consider filing a wrongful death claim.

Continue reading "Arizona Woman Killed in I-40 Crash Near Ludlow " »