Personal Injury Lawyer Journal » Wrongful Death

Hit-and-Run Collision Proves Fatal for Pedestrian

Bob — Tue, 17 Aug 2010 23:36:51 +0000

A 20-year-old man who was fatally injured in a hit-and-run crash in San Bernardino has been identified as Mario Antonio Flores Topete. The San Bernardino County Sun reports that the fatal collision occurred on North Sierra Way on August 15, 2010, when Augustine Ramirez, driving a pickup truck, struck the pedestrian. Ramirez did not stop and fled the scene of the accident. But authorities later apprehended him and booked him on suspicion of felony DUI and vehicular manslaughter.

I offer my deepest sympathies to everyone who knew and loved Mario Antonio Flores Topete for their tragic loss. Please keep this grieving family in your prayers.

Drunk Driving Statistics

There were 263 deaths and 8,504 injuries involving car accidents in San Bernardino County, according to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS). Also, countywide, DUI collisions claimed 94 lives and caused 1,052 injuries during the same year.

Laws and Compensation Issues

Driving under the influence and leaving the scene of a crash are serious crimes under California law. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges under California Penal Code section 191.5 (a).

It would be in the best interests of injured victims in such cases to seek the counsel of an experienced San Bernardino personal injury lawyer, who will advise them about their legal rights and options. A knowledgeable car accident lawyer will also advise victims about how their own auto insurance policy might apply to a hit-and-run collision or to an incident where the at-fault driver is uninsured or underinsured.

Please visit MADD's website at www.madd.org. to learn more about the dangers of drunk driving

What are some of the most dangerous roadways for pedestrians in your city?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Hit-and-Run Collision Proves Fatal for Pedestrian is a post from: Personal Injury Lawyer Journal

Fatal DUI Collision in Sacramento Claims Two Lives

Janice — Tue, 10 Aug 2010 23:49:14 +0000

A young mother and her infant son who were killed in a DUI collision in Sacramento have been identified as 23-year-old Nancy Naranjo and 9-month-old Joshua Bonton. News10 reports that the fatal collision happened at the intersection of Orange Avenue and Stockton Boulevard the morning of August 8, 2010 when Naranjo's Honda Accord was stopped at a red light. A Toyota 4Runner driven by 22-year-old Xieng Her rear-ended Naranjo's Honda pushing her vehicle at least 200 feet. Both Naranjo and Joshua were instantly killed, officials say. Her was arrested on suspicion of felony DUI and two counts of gross vehicular manslaughter.

I offer my deepest condolences to the family of Nancy Naranjo and Joshua. Please keep their loved ones in your prayers.

DUI Statistics

In Sacramento County, 39 deaths and 856 injuries were reported involving of DUI collisions in 2008, according to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS). Also, countywide, during that same period, 84 people died and 7,874 were injured as a result of car accidents.

DUI and Vehicular Manslaughter

It is illegal to drive in California under the influence of drugs or alcohol under California Vehicle Code Section 23152 (a). A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Liability Issues

Victims in such cases would be well-advised to consult an experienced Sacramento personal injury lawyer, who can help them fight for their rights and protect their best interests. A knowledgeable car accident lawyer can also advise families about how their auto insurance policy might apply to a case where the at-fault motorist is uninsured or underinsured. For more information about the dangers of drunk driving, please visit MADD's web site at www.madd.org.

Have you been personally injured and affected by a drunk driver?

Fatal DUI Collision in Sacramento Claims Two Lives is a post from: Personal Injury Lawyer Journal

San Francisco Area Nursing Home Fined for Negligence

Bob — Fri, 06 Aug 2010 22:46:37 +0000

It is a well-known fact that nursing home neglect and abuse is one of the biggest problems facing seniors in America today. In a recent case, a nursing home in Los Altos, California, was fined $100,000 for alleged negligence that resulted in the death of an 85-year-old resident. According to CBS News report, a California Department of Public Health investigation determined that the staff at Pilgrim Haven Health Facility "failed to provide adequate supervision and assistance to a resident who had a history of failing."

Officials say the elderly man, who was suffering from dementia, called out for help after he fell in December. He told a nursing assistant that he did not hit his head. Hours after the fall, he became ill and unresponsive. He was then transferred to a hospital where he died the next day. Head injuries were ruled as the cause of death in his case.

My heart goes out to the family of this elderly man who believed that he would get proper care and attention in this nursing home. Please keep this grieving family in your thoughts and prayers.

Increasing Incidence of Neglect

In this particular case, the nursing home received the highest possible fine or an AA citation, which is handed out for the most serious types of violations. Almost always, these citations are issued in cases where the nursing home's actions directly cause serious personal injuries or death.

According to a 2008 Government Accountability Office (GAO) 1,285 nursing homes were cited in 2007 for "actual harm or immediate jeopardy" to residents. Based on GAO's statistics, California leads all other states, by far, in the number of citations. Understaffing and lack of training are the most common factors linked to nursing home neglect.

Putting Profits Ahead of People

According to a report by the California Advocates for Nursing Home Reform (CANHR), turnover rates in nursing homes among nursing assistants in 2002 was over 80 percent in 19 states and 100 percent in 10 states. The same report also cites a 2005 analysis of nursing home staffing data, which shows that the proportion of care provided by registered nurses is on the decline despite increases in Medicare funding specifically set aside for nursing.

A number of these tragedies occur because nursing homes put profit ahead of the people they are supposed to serve. Families of victims who have been harmed by nursing home neglect or abuse would be well-advised to contact an experienced San Francisco personal injury lawyer, who will ensure that the wrongdoers are held accountable. Where negligence or wrongdoing is involved, the family of a deceased victim can file a wrongful death claim seeking compensation for their irreparable loss.

Do you have a loved one in a nursing home? What are some serious concerns you have about their well-being and care?

San Francisco Area Nursing Home Fined for Negligence is a post from: Personal Injury Lawyer Journal

Lake County Car Accident Kills Woman

Bob — Wed, 21 Jul 2010 22:51:38 +0000

A woman who was killed in a Lake County car accident the afternoon of July 18, 2010, has been identified by authorities as Marina Bajczi. The Record-Bee reports that the fatal car crash happened on Highway 20 when 73-year-old Ernie Hunt, who was driving a motor home, drifted into opposing lanes of traffic and struck Bajczi's 2005 Chevy Equinox. Hunt's motor home also struck a Chevrolet pickup truck driven by 57-year-old Claude Speegle. Bajczi died at the scene. Four others, including Speegle, sustained injuries. Hunt sustained burns over 20 percent of his body, officials said.

I offer my deepest sympathies to the family and friends of Marina Bajczi for their devastating loss. I hope the victims who were injured in this collision recover quickly and fully. Please keep them in your prayers.

Car Accidents

In Lake County as a whole, 14 fatalities and 292 injuries were reported as a result of car accidents in 2008, according to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS). In the unincorporated areas of the county, 12 people died and 269 were injured in 2008 as a result of car crashes.

Causes and Liability Issues

It is not clear at this point how or why Hunt lost control of the motor home. Was it because of an auto product defect or mechanical malfunction in the motor home? Was Hunt disoriented or did he suffer from a medical condition? Did he have a valid California driver's license?

If Hunt is determined to have been at fault for this accident, he could be held liable for the accident, resulting injuries and wrongful death. If an auto product defect triggered this crash, the auto maker or the manufacturer of the defective product can also be held liable. In such cases, it would be a good idea to preserve the vehicle in question so it can be examined by an expert for evidence of malfunctions or product defects. A skilled California personal injury lawyer will be able to advise victims and their families about how to pursue their rights.

What is the biggest challenge faced by injured victims and their families in the aftermath of a car accident?

Lake County Car Accident Kills Woman is a post from: Personal Injury Lawyer Journal

Fatal Car Accident Caused by Fatigued Driver

Bob — Fri, 16 Jul 2010 23:46:44 +0000

Thomas Whitman, 61, was killed in a Sacramento car accident after his vehicle collided head-on with another car whose driver, officials say, fell asleep at the wheel. According to a news report in The Appeal-Democrat, Whitman was driving a 1999 Hyundai east on Hammonton-Smartville Road in Yuba County the afternoon of July 10, 2010. A 17-year-old boy, who was headed west on the same roadway in a 2001 Toyota, drifted to the eastbound lanes causing Whitman to crash head-on into the Toyota. Two passengers in the Toyota, 18-year-old David Vang and a 12-year-old boy, sustained major injuries. The teen driver suffered moderate injuries.

I offer my deepest condolences to everyone who knew and loved Thomas Whitman for their tragic and heartbreaking loss. I also pray for the two young people who have sustained major injuries in this crash. I wish them the very best for a speedy and complete recovery.

Fatigued Driving, A Real Danger

According to the National Highway Traffic Safety Administration (NHTSA), in 2007, fatigue was a factor in at least 18 percent of all fatal car accidents. The NHTSA also estimates that fatigue on the nation's roadways accounts for about 7 percent of all accidents. The federal agency's report also identifies driver fatigue as one of the main areas of driver behavior that needs to be addressed if the target for reducing the number of serious car accidents by 40 percent, by the year 2010 (we're already there), is to be achieved.

Liability Issues

Based on this news report, it appears that this accident was caused by a fatigued teen driver. In such cases, injured victims or families of deceased car accident victims would be well-advised to contact an experienced Sacramento personal injury lawyer, who will stay on top of the investigation and make sure that the negligent parties are held accountable for their actions. Family members of deceased victims could file a wrongful death claim whereas injured victims could seek civil remedies to cover medical expenses, loss of earnings, cost of hospitalization, rehabilitation and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

What precautions do you take to lessen fatigue while driving?

Fatal Car Accident Caused by Fatigued Driver is a post from: Personal Injury Lawyer Journal

Hemet Head-on Car Collision Fatally Injures Woman

Bob — Thu, 08 Jul 2010 22:39:50 +0000

A woman who was killed in a car accident in Hemet after a head-on collision has been identified by authorities as 29-year-old Nichole Mena. The Riverside Press Enterprise reports that the fatal crash occurred the night of July 6, 2010 on Highway 74, near Four Seasons Boulevard and Calvert Avenue. A 2008 Nissan Quest driven by 43-year-old Mamdouh Salem crossed into opposing lanes of traffic striking Mena's 1996 Acura Integra head-on. Mena, the sole occupant of that vehicle, was pronounced dead at the scene while Mamdouh Salem and two young children in the minivan sustained minor injuries. A 1-year-old in the minivan was uninjured.

My heartfelt sympathies go out to everyone who knew and loved Nichole Mena. This grieving family will be in my prayers.

Car Accidents

In Riverside County, there were 220 fatalities and 8,561 injuries involving car accidents in 2008, according to CHP's traffic accident statistics. In the city of Hemet, seven people died and 416 were injured as a result of car accidents in 2008.

Causes and Liability Issues

This news report does not state how or why Mamdouh Salem crossed over to opposing lanes of traffic and struck Mena's car head-on. Was he under the influence of alcohol or drugs? Was he distracted, speeding or otherwise negligent? Was there a mechanical malfunction in the minivan, which may have caused it to go out of control? The answers to these and other questions will hopefully shed some light on the circumstances of this fatal crash.

If Salem is determined to have been at fault for this fatal accident, he could face vehicular manslaughter charges. At the same time he could also be held civilly liable for Mena's wrongful death. In such cases, it would be in the best interest of families of deceased victims to seek the counsel of an experienced Riverside personal injury lawyer, who will advise them about their legal rights and options. A knowledgeable car accident lawyer will also be able to advise families about how their car insurance policy might apply to an incident involving an at-fault motorist who is uninsured or underinsured.

What are some of the defensive driving measures you adopt? We would like to hear your suggestions.

Hemet Head-on Car Collision Fatally Injures Woman is a post from: Personal Injury Lawyer Journal

Driver Crashes into Spectators Watching Fourth of July Fireworks

Bob — Wed, 07 Jul 2010 22:22:54 +0000

A woman identified as 43-year-old Matilda Garnica was killed and seven others were injured in a car accident in Los Angeles after they were struck by an out-of-control car while watching Fourth of July fireworks in Valencia.

The Signal reports that the accident occurred the night of July 4, 2010 near the intersection of Valencia Boulevard and Mall Entrance when a 22-year-old woman driving an Infiniti ran a red light and crashed into a Dodge Durango SUV. The impact sent the Infiniti into a bevy of spectators. Garnica and her 13-year-old son were pinned under the vehicle. She died at the scene and her son was transported to a local hospital in critical condition. Her other son was also injured as were five others. However, those injuries are not believed to be life-threatening.

My heart goes out to everybody who knew and loved Matilda Garnica, especially her family that is reeling from this devastating loss while attending to two injured children in the hospital. Tragic! Please keep this family and the other injured victims in your thoughts and prayers.

Rules of the Road

Running a red light is a serious traffic violation in California. There are various California Vehicle Code sections that are part of what we commonly refer to as "rules of the road." These code sections address motorists' behavior at intersections, especially those controlled by traffic signals. California Vehicle Code Section 21453 (a) states: "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown."

Wrongful Death Claim

It is not clear why this driver failed to stop for the red light. Was she under the influence of alcohol or drugs? Was she distracted at the time of the collision? Was she speeding or driving recklessly? If she is determined to have caused this accident, then this driver could be held criminally and civilly liable for Garnica's death.

In such cases, families of deceased victims may file a wrongful death claim seeking compensation to cover medical expenses, loss of earnings, cost of hospitalization, loss of love and companionship, and other related damages. An experienced Los Angeles personal injury lawyer will be able to advise victims and their families in such cases about their legal rights and options.

What are some of the biggest challenges faced by victims and their families in the aftermath of a crash?

Driver Crashes into Spectators Watching Fourth of July Fireworks is a post from: Personal Injury Lawyer Journal

Los Angeles Train Accident Proves Fatal for Man

Janice — Mon, 28 Jun 2010 22:44:38 +0000

Michael Flowers, 24, was fatally injured in a train accident the morning of June 25, 2010 after he was struck by a Gold Line train in Pasadena. According to a news report in the Pasadena Star-News, the fatal collision occurred on the Gold Line tracks at Del Mar Avenue, between Raymond Avenue and Arroyo Parkway.

Los Angeles police officials are still in the process of determining whether the incident was an accident or a suicide. Flowers, who was walking on the sidewalk, stepped in front of the train, which was southbound and had just left the Del Mar station. None of the passengers in the train was injured. Gold Line officials say all safety devices at the crossing were operating properly at the time of this fatal pedestrian accident.

I offer my heartfelt sympathies to the family and friends of Michael Flowers for their devastating loss. Please keep them in your thoughts and prayers.

Traffic Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were eight fatalities and 978 injuries involving traffic accidents in Pasadena. In Los Angeles County as a whole, 667 people died and 52,229 were injured as a result of traffic accidents during the same year.

What Caused this Fatal Accident?

There are several questions that still have not been answered as far as this case is concerned. Were there witnesses to this accident who can corroborate Gold Line officials' statement that Flowers stepped in front of the train? Were all the signals and safety devices in fact operational and working at the time of this fatal accident? Was this crash the result of train operator error? I trust accident investigators are examining these as well as other factors in order to determine who or what is responsible for this accident.

Liability Issues

If this accident was the result of operator error or a problem with the safety devices, the railroad or transit authority could be held liable. Where negligence or wrongdoing is involved, families of deceased accident victims can file a wrongful death claim seeking compensation to cover medical and funeral expenses, lost future wages, loss of love and companionship, and other related damages.

In such cases, families of deceased victims would be well-advised to seek the counsel of an experienced Los Angeles personal injury attorney who will explore all facets of the incident and ensure that the negligent or at-fault parties are held liable. Please remember that any personal injury or wrongful death claim against a California public entity must be properly filed within six months of the accident or injury.

What safety tips do you have for pedestrians especially for those who walk near train tracks or have to get across train tracks?

Los Angeles Train Accident Proves Fatal for Man is a post from: Personal Injury Lawyer Journal

Actor Dennis Quaid Sues Drug Maker over Children's Near-Fatal Overdose

Janice — Wed, 26 May 2010 22:52:42 +0000

As a Los Angeles personal injury lawyer, I have seen numerous cases where the negligence of drug companies results in catastrophic injuries or even death. According to an Associated Press news report, actor Dennis Quaid has filed a lawsuit against Illinois-based Baxter Healthcare Corp. alleging that his newborn twins nearly died because of a Heparin overdose caused by faulty packaging. The lawsuit seeks unspecified damages and alleges that the packaging caused the confusion leading to the near-fatal incident at Cedars-Sinai Medical Center.

Near Deadly Mix-Up

The lawsuit states that the mix-up at the hospital occurred because heparin and a lower-dose version of the blood thinning drug, Hep-Lock, are both packaged in similar blue vials with small print on the labels. The lawsuit also states that the drug maker should have recalled the heparin vials because the company knew infants had died because of medication errors similar to what happened to the Quaid twins.

Dennis Quaid and his wife reached a $500,000 settlement with the hospital in June 2009. The drug was recalled in March 2008 by the U.S. Food and Drug Administration because of contamination. On May 14, 2008, Quaid testified at a hearing on Capitol Hill with regard to the drug.

Dangerous Drugs

This is an important issue and I am pleased to note that a Hollywood actor is drawing attention to it. Quaid apparently feels strongly about this issue because his twins nearly died as a result of this mistaken overdose. Several children died or suffered serious personal injuries before this incident because of the confusion associated with the similar looking vials of heparin.

There is no question that any medication will have its side effects. But very often patients are unnecessarily injured or killed because of faulty administration of the drug or because of misleading packaging, as in this particular case. The drug maker should have recalled the vials of heparin as soon as they received reports of the earlier deaths.

Pharmaceutical Liability

In such cases negligent pharmaceutical companies can be held financially liable for wrongful death, medical expenses, pain and suffering as well as emotional distress. Drug companies stay away from expensive recalls because they are worried about their bottom line. They tend to put profits over the safety and well-being of their own consumers. Litigation is a fair and effective way to hold these negligent pharmaceutical companies responsible for their actions.

Have you had a similar experience with heparin or other drugs? We would like to hear about your experience?

Actor Dennis Quaid Sues Drug Maker over Children's Near-Fatal Overdose is a post from: Personal Injury Lawyer Journal

Man Killed in Oakland Car Accident Involving Big Rig

Bob — Tue, 11 May 2010 22:36:17 +0000

Tomas Gonzalez, 30, was killed in an Oakland car accident after his vehicle collided with a big rig on Highway 880 the afternoon of May 7, 2010. According to a CBS News report, the fatal collision occurred in the southbound lanes of the highway near Seventh Street. No one else was injured. California Highway Patrol officials are investigating this crash.

My heart goes out to everyone who knew and loved Tomas Gonzalez for their tragic and devastating loss. Please keep this grieving family in your thoughts and prayers.

Car Accident Statistics

There were 34 fatalities and 2,211 injuries involving car accidents in Oakland in 2008, according to CHP's Statewide Integrated Traffic Records System. In Alameda County as a whole, 82 people were killed and 6,935 were injured as a result of car accidents during the same year.

Who Was at Fault?

This news report does not offer much information about how or why this fatal truck accident occurred. There are more questions here than answers. Who was at fault in this particular case? Was the truck driver at fault? Was the driver of the big rig impaired, distracted or driving recklessly at the time of the car accident? Did Gonzalez make any unsafe maneuvers and cause the accident? Were there any other vehicles involved in this collision? For example, was Gonzalez or the truck driver cut off by another vehicle or were they affected by reckless driving on the part of another motorist? I trust CHP investigators are thoroughly examining these and other factors in order to pinpoint the cause of this tragic accident.

Claim for Compensation

If the big rig's driver is found to be at fault for this accident, then, he, as well as his employer, could be held responsible for the accident and the wrongful death of Tomas Gonzalez. If that is the case, the victim's family would be well-advised to contact a reputed Oakland personal injury lawyer, who has successfully handled personal injury cases against trucking companies. In such cases, families of deceased victims could file a wrongful death claim seeking compensation to cover medical or funeral expenses, lost future earnings, loss of love and companionship, and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

What are some ways by which motorists can avoid getting into collisions with large commercial trucks?

Man Killed in Oakland Car Accident Involving Big Rig is a post from: Personal Injury Lawyer Journal