Tag Archive: personal injury cases

CHP Cruiser hits Pickup Truck in Santa Rosa, California; Driver Critically Injured.

Santa Rosa California Crash Involving CHP, Pickup Truck, and MotorcycleSanta Rosa – California

A California Highway Patrol cruiser spun out of control and struck a pickup truck, critically injuring the driver, on Highway 12 just east of the Highway 101 interchange in Santa Rosa Saturday night, the CHP said.

Officer Blair Hardcastle took evasive action when a motorcycle merged onto the highway from the Maple Street onramp about 6:30 p.m., driving partly onto the dirt center strip, Sgt. Kevin Mensior said.

The motorcycle crossed over to the fast lane in front of Hardcastle, who was responding to a call with lights and siren activated, Mensior said.

The cruiser spun across both lanes, struck the guardrail and hit the pickup, a 1991 Chevrolet Silverado driven by Cynthia Mae Dempsey, 44, of Santa Rosa. The pickup rolled over onto its roof, the CHP said.

Dempsey, who sustained a forehead cut and an injury to the right side of her head, was transported to Santa Rosa Memorial Hospital, the CHP said.

Dempsey was in surgery late Saturday and was listed in critical condition, a hospital spokeswoman said.

Officers said they had not determined if Dempsey was wearing a seatbelt.

The motorcyclist, Justin Lee Oliver, 36, of Santa Rosa was not injured and his bike, a 2000 Kawasaki ZR-Z, was not struck.

Mensior said no citations or arrests had been made, and that the accident was still under investigation. A special accident investigation team was en route to the scene at 9 p.m.

Alcohol was not involved, Mensior said.

Westbound traffic on Highway 12 was detoured off the highway onto side streets from Farmers Lane to Santa Rosa Avenue. Officials said the detour might last until midnight.

Hardcastle sustained scrapes to the forearm, likely from his airbag deploying, the CHP said. His cruiser was totaled.

Santa Rosa Truck Accident, Car Accident, Motorcycle Accident Attorney Website

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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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San Diego Band “A City Serene” involved in a Horrific Bus Accident.

city-sereneA few days into their first tour, promoting their debut album “The Art of Deceiving Perception” the San Diego band called “A City Serene” were involved in a horrific bus accident on Interstate 5 in Kern County, south of Bakersfield.

Six members of the band were traveling north on I-5, approximately a mile and a half south of Grapevine when the accident occurred. According to the California Highway Patrol, a driver in a Ford pickup heading south, lost control of the vehicle, and hit a dirt berm causing it to travel 100 feet before impacting and going over the center divider.

The truck then hit a Honda Civic, which crashed into the bus resulting in another collision. All of the members were air lifted to multiple hospitals in the Central Valley. The band members include singers Xander Bourgeois and Carly Baker, guitarists Kris Renfro and Michael Sherman, bassist/vocalist Marc Koch and drummer Mike Buxbaum.

The band manager Billy Candler released Information regarding their injuries, but for privacy reasons, details on who sustained each injury were left out. Four of the band members suffered concussions and broken bones that required surgery and intensive care. The remaining two musicians are in a coma.

Candler states, “The other two are still in a coma. One has signs of responsiveness. But we’re definitely not even close to being out of the water at all for either of them. Right now it’s kind of a waiting game with them. They are the two we are obviously the most worried about. (The doctors) said it was a good sign they’ve made it this far.”

The crash has impacted the families tremendously. Currently they are staying in hotels near the hospital to be closer to their children.

A City Serene’s CD release show was scheduled to take place Oct.3 at Soma. The show has now become a benefit for the band member’s families to help the large medical bills. The benefit will include Adestria, Casino Madrid, I Am The Heart Attack, Thy Kingdom Come, The Subtle Way and Welcome Seraph.

Tickets are $10 and are available at www.somasandiego.com. There are also a few ways to donate online. Please visit their merchandise website or a pay pal account manager Billy Candler has set up.

“Right now, I can’t stress how important it is for you to help spread the word about the band, their situation, and do anything you possibly can to help raise money for their families. The accident took place near Bakersfield and the whole ACS crew will be up there for a while and it will be expensive.” Band representatives ask to please follow updates @ACitySerene on Twitter and the band’s MySpace page at www.myspace.com/acityserene.

The driver of the Ford pickup truck is obviously at fault in this accident. We send our prayers and condolences to the band and their family.

Bakersfield, Kern County, and San Diego, Bus Accident, and Car Accident Attorney

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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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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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5 French tourists killed, dozens injured in central California tour bus crash

California Bus Accident Injury Attorney LawyerSOLEDAD, CALIFORNIA

Luggage and bodies were left strewn around a central California highway after a bus carrying French tourists overturned on an overpass, killing at least five and injuring dozens.

Investigators were still trying to determine the cause of the crash Tuesday afternoon that shut down U.S. 101 for hours, but said the tour bus appeared to be the only vehicle involved.

The maroon Orion Pacific bus lay on its side after crashing into the guard rail on the two-lane southbound overpass in Soledad, about 100 miles southeast of San Francisco.

The crash ejected four passengers from the vehicle, sending one over the side of the road and onto railroad tracks 60 to 70 feet below, said California Highway Patrol spokesman Brian Wiest.

“It’s a tragedy,” Wiest said. “It’s certainly one of worst I’ve seen in a long time.”

The passenger that fell to the railroad tracks and two others died at the scene, said Maia Carroll, a spokeswoman for the Monterey County Office of Emergency Services. Two more passengers died at hospitals.

A total of 36 people had been on board, including 34 French tourists, one Canadian tour guide and an American driver, Wiest said.

Four of those injured were under the age of 18, including a 13-year-old girl who was one of seven patients airlifted to hospitals in Fresno and the San Francisco Bay Area. The driver was among those who survived the crash, according to the CHP.

Jacques de Noray, a spokesman for the French consulate in San Francisco, said authorities had notified his office that the crash involved French citizens, but said he had no further details. Officials from the consulate reached the scene of the crash late Tuesday.

The tour, which started in San Francisco, was en route to Southern California, where the tourists were due to fly out of Los Angeles back to France, Wiest said. The group had been in the U.S. since April 19 and made stops Tuesday in Monterey and Carmel before the crash, authorities said.

A person who answered the phone at Orion Pacific, which describes itself as a family owned, luxury charter coach company based in Orange, said no one was available for comment. It was not immediately clear who had chartered the bus that crashed in Soledad.

The highway was temporarily shut down in both directions; northbound lanes reopened a couple hours later, and it was unclear when southbound lanes would reopen.

Adrienne Laurent, a spokeswoman for the Salinas Valley Memorial Hospital, said the facility had received three patients from the crash. She said one of those patients, a 52-year-old man, was declared dead there.

Patients also were being treated at eight other hospitals.

The Red Cross was helping coordinate housing and other services Tuesday night for three families who survived the crash and were released from hospitals, said Paula Herrera, executive director of the Monterey-San Benito chapter.

CHP spokeswoman Fran Clader in Sacramento could not comment on Orion Pacific’s safety record pending the accident investigation. The company has been operating since 1985, according to its Web site.

This is a horrible tragedy. If you are a victim or a relative of any of the victims in this horrible crash you may call our 7 day a week, 24 hour a day accident hotline at 800-816-1529 ext. 1 for a free consultation. We can work you in this case even if you reside in France or another nation or State.

California Bus Accident Hotline Website

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Edison power pole knocked over in Silverado Canyon; Injuries Sustained.

Orange County California Personal Injury AttorneySILVERADO CANYON – California

A traffic collision on Black Star Canyon Road just north of Silverado Canyon Road at 3:07 p.m. Saturday caused an Edison power pole to go down, according to the California Highway Patrol.

A truck carrying six people knocked over the pole, injuring multiple people in the vehicle.

An ambulance responded to the scene of the accident, along with Southern California Edison.

Though the accident itself didn’t disrupt power, an Edison spokesman said crews turned off power to 1,544 customers for about four minutes.

12 other customers remained without power as crews continued to work, though it remained unclear when power would return.

What is unclear is whether the driver was at fault in the accident, or that there was some other contributing factor in the accident. What is clear is that the passengers who were injured in the accident could assert personal injury claims against the drivers liability insurance.

If the driver of the truck was at fault, all of the passengers in the truck should be able to recover for their personal injuries from the truck drivers and/or owners liability insurance coverage. The injured parties should consult with a California Personal Injury Attorney as soon as possible.

If you, a friend, or a loved one have suffered a personal injury, or have been a passenger in a car or truck such as the one that collided in Siverado Canyon, and were injured, you may call us now for a free consultation at 800-816-1529 ext. 1. We will tell you over the phone if you have a good case. You may also submit your case online by clicking here now.

By Orange County California Personal Injury Attorey

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