Tag Archive: fatal car accident

Bus Driver is convicted in Colusa gambler bus crash; Charter Bus Safety Act, AB636

Quintin Joey WattsDriver Quintin Joey Watts faces a maximum of 76 years in prison for his role in the gambler’s special bus crash that killed 11 passengers on their way to Colusa Casino Resort last year.

A jury of six men and six women deliberated for three hours Thursday before convicting Watts of 11 counts of gross vehicular manslaughter and 21 counts of causing great bodily injury, stated the Colusa County District Attorney today.

“I believe this is the first case in California of gross vehicular manslaughter based strictly on sleep deprivation,” said the DA. “There was no alcohol, no drugs, no medication in his system, it was simply exhaustion.”

Watts, 53, had slept no more than three or four hours in the 27 hours prior to the Oct. 5, 2008 Sunday night crash on a rural road, the DA said.

Watts repeatedly told investigators, “I was hecka tired,” the DA stated.

“On the day before the accident, he got up at 4:40 a.m. and didn’t go back to bed until 4 a.m. and got up an hour or two later,” stated the DA.

Watts was on his third casino run in a day-and-a-half when he fell asleep at the wheel, three witnesses said.

One was Chouangseng Saechao, 48, “who was very badly hurt and had almost every bone broken in her body,” stated a case worker at Lao Family Community Development who is helping some of the 23 passengers who were injured in the crash.

“I’m happy he’s been convicted and will be in jail forever, but I feel very sad I have to carry this injury forever,” Saechao said through her case worker. “Any bus driver has to be checked and has to be a good driver.”

The California Legislature has passed The Charter Bus Safety Act, AB636 — sponsored by Assemblyman Dave Jones (D-Sacramento) — which will revoke operating permits of bus companies operating without proper permits or qualified drivers. The bill will suspend unlicensed bus drivers for five years.

Watts had a commercial driver’s license but did not have the proper DMV certificate to allow him to drive a bus with 10 or more passengers, said a spokeswoman for Jones. “And the bus company was registered as non-operational, even though the bus in the crash was still being used,” she said.

“The tragic loss of 11 of my constituents to a rogue bus operator demonstrates the need for the ‘one strike and you are out’ approach,” Jones said. “I have no patience for those who undercut the process, thumbing their nose at regulations, and making California roads unsafe for us all.”

Gov. Schwarzenegger has until Oct. 11 to sign or veto the bill.

California Bus Accident Attorney

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Biggest Recall in Toyota History; Stuck Accelerators; Important Info for Toyota and Lexus Owners!

Toyota recallYou may have read an article we wrote below about a fatal accident involving a family test driving a lexus and allegations that there may have been a defect that caused the accident.

Federal investigators have said of the 102 accidents caused by stuck gas pedals on Toyota vehicles, there are four possible causes involving the floor mats: The mats are too long or too thick, they weren’t properly secured, the gas pedal design is flawed or the floor geometry is defective.

The wide array of causes presents a challenge to Toyota engineers who are trying to come up with a way to fix the problem that is leading to a recall of 3.8 million vehicles, including the Camry, the top-selling car in the U.S.

“We’ve evaluated a number of different years, makes and models of Toyota and don’t believe that there is a one-size-fits-all answer as to why these incidents are occurring,” said National Highway Traffic Safety Administration spokesman Rae Tyson on Tuesday. “I think Toyota is going to have a challenge on its hands to come up with a remedy that is going to address the problem.”

Toyota spokesman John Hanson acknowledged the problem is more complex than vehicle floor mats alone, but involves the way the floor mat interacts with other parts of the vehicle.

“Other factors may be coming into play here,” he said. “That’s why we feel that probably the remedy could be different from vehicle to vehicle.”

On Tuesday, the Japanese automaker issued a safety advisory urging owners of 3.8 million car and trucks — including popular models like Camry, Prius and Tacoma — to remove driver-side mats. It wants drivers to watch out for loose or incorrect mats that could slide out of position and cover pedals.

Toyota is still studying the problem. Once it comes up with a fix, it will issue a recall of the models. It will be Toyota’s largest-ever U.S. recall, accounting for about 15 percent of all the automaker’s vehicles on U.S. roads, the company said.

The safety advisory was prompted by an accident last month killing four people near San Diego. In that incident, a floor mat trapped the gas pedal on a 2009 Lexus ES 350, causing it to accelerate out of control, strike an SUV, launch off an embankment, and burst into flames.

NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. The problem has led to 13 crashes, 17 injuries and 5 fatalities in Toyota vehicles, according to NHTSA.

Toyota’s warning affects the following vehicles:
2007-2010 model year Toyota Camry;
2005-2010 Toyota Avalon;
2004-2009 Toyota Prius;
2005-2010 Tacoma;
2007-2010 Toyota Tundra;
2007-2010 Lexus ES350; and
2006-2010 Lexus IS250 and IS350.

If you, your family, or friends have been in a Toyota vehicle, and had the accelerator stuck resulting in an injury accident in the State of California, you may be entitled to compensation, under California product liability laws.

Please call our Personal Injury Hotline at 800-816-1529 or click here now.

By California Product Liability Attorneys

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Man killed, Six Injured in Truck Accident outside Salinas, California.

Salinas California Car and Truck Accident AttorneyA Salinas Valley farmworker was killed and six other people were sent to hospitals Wednesday when a truck smashed head-on into a car on Alisal Road outside Salinas, California.

The California Highway Patrol said the crash happened shortly before 7a.m. about a mile north of Hartnell Road.

Juan DeLeon Alcantar, 43, was pronounced dead at the scene after a Chevrolet Silverado stuck his Toyota Camry, the CHP said.

The driver of the Silverado, Jose Tinoco, 68, of San Luis, Ariz., was driving north on Alisal Road when the truck crossed over the double yellow lines, officers said. The truck sideswiped a Honda Accord traveling south and continued, colliding head-on with the Toyota.

Two of Alcantar’s passengers, Jose Ricardo DeLeon, 33, and Guadalupe Montoya, 33, suffered major injuries and were taken to Santa Clara Valley Medical Center, the CHP said. A third passenger, Javier Escobar, 38, suffered moderate injuries and was taken to Natividad Medical Center.

All of the men in the Toyota are from Salinas, and Monterey County coroner’s officials said the men were headed to Chualar to work in the lettuce fields.

Tinoco suffered minor injuries in the crash and was taken to Natividad Medical Center.

The driver of the Honda, Yesenia Flores, 21, of Salinas, suffered minor injuries when her car skidded out of control and went into a drainage ditch, the CHP said. She was also taken to Natividad.

A passenger in Flores’ car, Juana Robles, 20, of Salinas, was taken to

Salinas Valley Memorial Hospital, but CHP officers did not say if she was injured.
The CHP said there was fog at the time of the crash but the cause of the collision is under investigation.

Anyone who witnessed the crash is asked to call the CHP Salinas office at 796-2100.

Salinas California Truck Accident and Car Accident Attorney Website

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Motorcyclist suffers major injuries in Highway 1 crash in San Luis Obispo

Fatal Motorcycle Accident in San Luis Obispo, California

Fatal Motorcycle Accident in San Luis Obispo, California

San Luis Obispo – California

A 24-year-old San Luis Obispo man riding a motorcycle was taken to Sierra Vista Regional Medical Center this morning with major injuries after colliding with a stopped semi truck on Highway 1, the CHP said.

The man, whose name has not yet been released, was riding northbound in the highway’s fast lane when traffic stopped in front of him to allow a semi truck to make a right turn onto Stenner Creek Rd. around 9:05 a.m., according to CHP Officer Joe Vega.

The semi had to take up both lanes on the highway to safely make the turn, Vega said, and it appears the motorcyclist didn’t see the stopped cars behind it in time to slow.

“He swerved to the right,” Vega said, “squeezed between both lanes in attempt to avoid the stopped cars but then collides into the right rear corner of semi.” Drugs or alcohol don’t appear to be a factor in the accident, he added, and no other injuries were reported.

Investigators haven’t yet determined how fast the motorcyclist was going.

Most people would not realize it, but the motorcycle had the right of way in this instance and the truck driver will most likely be held to be at fault.

In California, a driver is not allowed to make a turn unless the coast is clear, notwithstanding the fact that drivers may have stopped for him. Secondly motorcyclist are allowed to lane split in the State of California, so long as they are not going more than 15-20 miles per hour faster than the flow of traffic.

This is an unfortunate accident.

If you or your family has been the victim of a wrongful death in the State of California, or you have had a motorcycle, car, truck, or other motor vehicle accident, feel free to call my firm for a free consultation at 800-816-1529 ext. 1.

California Wrongful Death Attorney, Car, Truck, Motorcycle Attorney Website

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Fatal crash continues to raise questions as to whether the Accelerator Stuck. What do you do when a Car Accelerator Sticks?

California Fatal Car Accident Attorney and LawyerSAN DIEGO, California –

A horrible car crash that killed a California Highway Patrol officer and three of his family members continues to raise questions as investigators try to determine whether their loaner car’s accelerator stuck and what – if anything – could have prevented Friday’s tragedy.

The 2009 Lexus ES 350 came from Bob Baker Lexus El Cajon, where CHP officer Mark Saylor of Chula Vista had dropped off his regular vehicle for servicing.

Toyota, which makes Lexus cars, had recalled the “all weather” floor mats in its 2008 version of that car model because of complaints about them sliding forward and jamming the accelerator. A sales manager at Bob Baker Lexus said he wasn’t sure which mats were in the Lexus loaned to Saylor.

On Monday, Toyota issued a statement saying the company is deeply sorry to hear about the Saylor incident.

“We are unable to comment on this tragic accident until all the facts are known,” the statement said. “It is important to avoid speculation and allow any investigation to run its course.”

It’s not known whether Saylor, a 19-year CHP officer whose job entails vehicle safety inspections, tried to shut off the engine or put the car in neutral – the two most common ways to slow down a vehicle with a stuck accelerator.

Car experts said it’s not always that simple.

An electrical or mechanical failure could have made it impossible to shift into neutral, said Daniel Vomhof III, a vehicle accident reconstructionist with La Mesa-based Expert Witness Services.

Shutting off the engine also can be tricky because most modern vehicles will then lock the steering wheel, leaving the driver unable to steer, Vomhof said.

Asked if drivers have a third option, he replied: “Pray a lot.”

Another complication: A report by the National Highway Traffic Safety Administration found that some Lexus drivers with stuck accelerators tried to turn off the car with the engine control button but didn’t know the button must be held for three seconds.

The agency’s researchers recorded seven crashes, 12 injuries and 40 complaints involving the recalled floor mats in Toyota vehicles.

They also said that when the throttle pedal is fully open unintentionally, some drivers react by hitting the brakes multiple times. This action depletes the vehicle’s vacuum-based power assist, and without that assistance, the brakes must be applied with much more force. Continued driving in that manner can result in overheating the brakes, further diminishing their effectiveness.

Toyota acknowledged the complaints and created new instructions for installing the mats properly. There have been no recalls of the 2009 ES 350, the traffic safety administration said.

On Friday, someone in the Saylors’ Lexus called 911 just after 6:30 p.m. to report the stuck accelerator. Witnesses said the car was traveling northbound on state Route 125 in Santee at more than 100 mph when it entered a T-intersection with Mission Gorge Road.

The vehicle slammed into the rear end of a Ford Explorer and then plowed over a curb and through a fence before hitting an embankment and going airborne. It rolled several times before stopping and bursting into flames in the nearby San Diego River basin.

The CHP said those killed were Saylor, 45; his wife, Cleofe, 45; his daughter, Mahala, 13; and his brother-in-law, Chris Lastrella, 38.

The accident was a wake-up call for some Lexus owners.

Marcelle Khalil of Del Mar, a pharmacist who drives a 2006 Lexus GS 300, said she had a problem with her accelerator two weeks ago. It stuck as she drove into her employer’s parking lot and she narrowly missed a truck before slamming into a curb.

Khalil said she was positive she didn’t step on the gas instead of the brake, but began to doubt herself until she read about the Saylors.

“This could happen to anybody,” she said. “I’m scared to drive my car.”

Blair Carter, a sales manager at Bob Baker Lexus, said “our hearts sunk when we heard” about Friday’s accident.

He said the vehicle had a double redundant fail-safe system that should have shut the car off if there were a major malfunction, and that he had never heard of a situation in which the accelerator was stuck and the car couldn’t be stopped.

“I would get in any of our cars today with my family and drive to Maine,” Carter said.

Product Liability Law –

If it can be proven that the vehicle had a manufacturing or design defect, the family of the persons who were killed in the car crash would be able to sue for wrongful death for a defective product, and not have to prove negligence in Court.

However, if the vehicle which was loaned to the decedent’s had the mats that were recalled by Toyota, then the dealer could be sued under negligence or product’s liability law.

In the end, this is a horrible tragedy for the family of the victims. We have posted this story to provide education to the public on stuck accelerators, and what can be done pursuant to California law if you are the victim of a defective product.

What do you do when your Car Accelerator Sticks?

Car experts recommend trying the following actions if the accelerator becomes stuck while a vehicle is moving:

  • Repeatedly step on the gas pedal to jar it loose.
  • Step on the clutch to disengage the gears or shift the vehicle into neutral.
  • If all else fails, turn the vehicle off. This option could cause loss of power steering or lock the steering wheel in place.

California and San Diego Products Liability and Personal Injury Lawyer and Attorney Website

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1 Bicyclist dead, 2 hurt in horrendous crash in the Angeles National Forest

Southern California Bicycle Accident AttorneyOne local bicyclist was killed and two more injured Saturday when they were hit by an alleged drunken driver on Bouquet Canyon Road in the Angeles National Forest, officials said.

“It appears the drunk driver ran into a group of bicyclists that were riding in the canyon,” said Sgt. Brian Allen of the Santa Clarita Valley Sheriff’s Station. “Two of them were injured and taken to the hospital, and one additional bicyclist was killed.”

The dead cyclist was identified as Joseph Novotny, 43, of Stevenson Ranch.

California Highway Patrol investigators said Marco Valencia, of Canyon Country, was traveling northbound on Bouquet Canyon Road just south of the Big Oaks Lodge when he came to a sweeping left turn in the canyon roadway.

Valencia’s pickup truck allegedly crossed the double yellow lines, traveling into the southbound traffic lane toward a group of cyclists, including Novotny. Valencia’s truck allegedly struck three of the riders and continued northbound, leaving the scene of the collision, according to a CHP news release. Valencia also allegedly sideswiped a Hyundai; the driver was uninjured.

Sheriff’s deputies and CHP officers located Valencia, 20, in his 2001 Ford F-150 pickup truck further north along Bouquet Canyon Road and south of Elizabeth Lake Road, Allen said.

Novotny was pronounced dead at the scene. Rigoberto Himenez Jr., of Saugus, and George Munana Jr., of Valencia, were transported to Henry Mayo Newhall Memorial Hospital, according to CHP reports. Two other riders suffered minor injuries.

Valencia, who was suspected of driving under the influence of alcohol and/or drugs, was arrested and taken to the Santa Clarita Valley Sheriff’s Station to be booked for investigation of several felony charges, including murder, driving while under the influence and/or drugs causing death and hit-and-run causing death, the CHP report said.

He was being held on more than $1 million bail.

Bouquet Canyon Road near the 33000 block – in the Texas Canyon area – was closed about four hours Saturday following the accident, which occured just before 11 a.m.

Jane Skalak, a member of the Santa Clarita Velo cycling group, said she saw the group that included Novotny riding up the canyon as she and others were descending. She said word of the accident spread quickly throughout the cycling group.

“It’s a tragedy,” she said. “As a cyclist, you expect people to respect you and be able to share the road, but the reality is that it doesn’t happen and when somebody’s drunk on a Saturday morning, it’s a tragedy.”

In 2006, Anthony Robert Estrin, an active board member of the Velo cycling group, was hit and killed by a drunken driver on Sierra Highway.

“If I had a dime for every time I thought about what could happen while I’m out riding, I’d be a rich woman. But it’s what we do; we love to ride,” Skalak said.

Maria Gutzeit is a cyclist and advocate with the Los Angeles County Bicycle Coalition who rides Bouquet Canyon a couple of times a week.

She said cyclists are certainly aware the canyons are twisty and car drivers need to be alert and give cyclists some room.

But the fact that the driver was apparently driving under the influence is “absolutely inexcusable” and “just tragic,” she said.

When one local bicycle shop manager heard about the fatality, he was not surprised.

“It happens a little too often out here,” said Curtis Meadows, service manager at Valley Bikes in Newhall. “I just moved out here two years ago. There are too many erratic drivers out here.”

Meadows said he stopped riding on Bouquet Canyon Road because there are too many drivers who don’t pay attention.

I am utterly appalled at this accident. If this guy was in fact drunk, he should be charged with murder and dealt with accordingly. He has killed an innocent bicycle rider, injured others, and caused grief with family and friends all because we wanted to get drunk and drive.

If you or your family was a victim in this accident or any other accident, you may call me for a free consultation at 800-816-1529 ext. 1

Southern California Bicycle Accident Attorney Website

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Oxnard California Driver arrested in Bicyclist’s Death.

Oxnard California Personal Injury and Wrongful Death Attorney LawyerMALIBU – California

 An Oxnard man was arrested in a hit-and-run accident after his truck allegedly struck and killed a father and injured his son cycling along Pacific Coast Highway in Malibu.

The incident occurred about 1:30 a.m. Sunday. Cyclist Rodrigo “Rod” Armas, 45, of Kern County, died at the scene, while his 14-year-old son was taken to UCLA Medical Center and was in stable condition with numerous broken bones, Los Angeles County authorities reported.

The two were riding east on the shoulder of the 34000 block of Pacific Coast Highway in Malibu.

Driver Robert Sam Sanchez, 30, drove about a mile south of the crash and ditched the truck, the Los Angeles County Sheriff’s Department reported. He was found a short distance away and arrested, still displaying symptoms of alcohol intoxication, authorities said.

He was being held Sunday night on $100,000 bail.

Sanchez is a records clerk for the city of Malibu and lives in Oxnard, according to Lt. Scott Chew of the Los Angeles County Sheriff’s Department Lost Hills station.

Authorities said the cyclists were on their way back to Malibu during the annual 200-mile Los Angeles Wheelmen “Grand Tour” event.

The bicycling event starts and ends in Malibu and wends through Ventura and Santa Barbara counties.

Armas was a Los Angeles County deputy probation officer. He is survived by his wife, Shelly, his 14-year-old son and two daughters, ages 9 and 12.

This accident is a horrible tragedy for the loved ones of the father who was killed, and his son who was terribly injured.

If your family has been the victim of a wrongful death, or personal injury, you may call our office 24 hours a day, 7 days a week at 800-816-1529 ext. 1.

Oxnard California Personal Injury and Wrongful Death Attorney Website.

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Illegal U Turn By Truck Causes a Fatal Car Accident.

fatal-car-accident-kills-18-year-oldCalifornia

The Santa Clara County Coroner’s Office has released the identity of the Turlock man killed in Thursday’s accident on Highway 152, while a California Highway Patrol spokeswoman noted how the involved big-rig driver had been making an illegal U-turn as the car with the victims approached at a high rate of speed.

The man killed was Simardeep Bhatia, 18, according to the coroner’s office. Earlier today, the CHP released identities of a man and woman who have survived the accident. The female driver of the 2006 Dodge Charger that slammed through a big-rig’s trailer was Gurvinder Chamal, 19, of Ceres, while the other passenger was Jasbir Singh, 18, of Hughson, said Matt Peters with the Hollister-Gilroy office of the CHP. Both remained in critical condition at Regional Medical Center of San Jose as of this morning, he said.

Bhatia’s sister spoke briefly today about the accident.

“I just really miss him,” Rinku Bhatia said. “I can’t believe that it happened. He was really a nice person. He was really friendly to everyone, and we love him a lot. And we just want everybody to pray for us.”

The truck driver, 57-year-old David Jones of Hayward, attempted an illegal U-turn, entered the dirt median with the vehicle’s front end and blocked the eastbound lanes with the trailer, CHP spokeswoman Erica Elias said. The driver of the Charger traveled at a “high rate of speed” and did not react quickly enough to avoid it and the car “collided into and drove underneath the semi-trailer,” Elias said.

The car’s roof “was completely sheared off,” Elias said. She said Calfire pronounced Bhatia dead upon arrival.

The truck driver was not immediately arrested or cited, Peters said at the accident scene.

This is a terrible accident that caused the wrongful death of an 18 year old passenger, and critical injuires to another passenger and driver.

If you or your family have been the victims of a wrongful death or car accident in California you may call our office for a free consultation 7 days a week, 24 hours per day at 800-816-1529 ext. 1.

California Car Accident and Wrongful Death Attorney.

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2 Killed In Car Crash On I-5 near Sacramento, California

Sacramento California car accident atorneySACRAMENTO, Calif. — The California Highway Patrol said two men died after one driver crossed a center divider and struck another vehicle traveling in the opposite direction.

Authorities said 38-year-old Albert Hu’s Toyota Camry crossed the divider on Interstate 5 at about 10:15 p.m. on Friday night near Sacramento.

His car hit a Honda Accord driven by 30-year-old Juan Carlos Reyes-Torres.

Both men died in the collision, and a passenger in Reyes-Torres’ car suffered minor injuries.

The CHP said witnesses reported that Hu’s car was driving recklessly before the crash, and authorities have not ruled out drugs or alcohol as a cause.

Sacramento Car Accident Attorney

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