Category Archives: Crime

A Fatal Napa Valley Accident Tied to Speeding

A Fatal Napa Valley Accident Tied to SpeedingFour people who died in a horrible SUV versus big rig truck crash on Jamieson Canyon/Highway 12 Thursday morning have been identified as three generations of a family from Oregon and two eastern states.

The Napa County California Sheriff’s Office identified the dead as Matthew Jay Smith, 48, of Ashland, Ore., Laura Katharine Smith, 19, of Downingtown, Pa., and Richard Smith, 80, and Sally Smith, 74, both of Simbsbury, Conn.

Napa Sheriff’s Capt. Tracey Stuart said Sally and Richard Smith were on vacation in the Napa Valley. They were returning to Napa after picking up their son and granddaughter when the deadly chain-reaction collisions occurred.

The California Highway Patrol said a westbound big rig driven by Gustavo Lopez, 42, plowed into the back of the victims’ Suburu Forester that was stopped in heavy rush-hour traffic.

The Forester was pushed into the path of an eastbound tractor-trailer hauling concrete pipe. The big rig, driven by Woodland resident Luis Marabilla, 44, crushed the car, pushing it back across the westbound lane onto the shoulder of the road.

Lopez’s truck continued west and side-swiped a Chevrolet flatbed truck that Hilario Trujillo Jr., 33, was driving.

The victims were declared dead at the scene, the CHP said. Trujillo and Marabilla were uninjured, and Lopez was taken to Queen of the Valley Medical Center with minor injuries.

It appears Lopez was driving too fast for the conditions, based on the slow traffic and the size of the truck he was driving, CHP spokesman Jaret Paulson said.

Lopez told officers that traffic was stop-and-go as he traveled along Jamieson Canyon Road. 

He had stopped just prior to the crash, then accelerated through his gears. 

When traffic stopped again ahead of him, he had too much velocity to stop in time, CHP Officer Ryan O’Day said.

Lopez likely wasn’t speeding, but he was going too fast for conditions, Paulson said.

“It just looks like gross inattention at this point as to what caused the collision,” O’Day said.

Under federal law, commercial drivers must submit to a chemical test if they are in an accident. There was no sign that Lopez was under the influence of alcohol or drugs, O’Day said.

Lopez had started his trip in Woodland so he likely hadn’t been on the road long enough for fatigue to be a factor, O’Day said. Lopez wasn’t carrying a load so he wasn’t in a hurry, he said.

The CHP will decide whether to forward the case to the Napa County District Attorney’s office for prosecution. 

“Being that four people are dead because of inattention, I would be surprised if they didn’t press some sort of charges,” O’Day said.

They could range from reckless driving to vehicular manslaughter, he said.

Thursday’s crash brings the fatality total this year to eight victims from five crashes on Napa County roads.

The last time four people died in one crash was on Nov. 15, 2008, on Deer Park Road near Sanitarium Road outside of Angwin, O’Day said.

Napa County hasn’t seen a crash that killed more than four people since it started keeping records in 1999, he said.

The last time someone died on Jamieson Canyon Road was in December 2004, Paulson said.

Napa Valley California Truck and SUV Accident Attorney Website

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3 People Killed this morning In Crash On 101 Freeway In Sherman Oaks, California

3 People Killed this morning In Crash On 101 Freeway In Sherman Oaks, CaliforniaSHERMAN OAKS, Calfornia
Motorists exchanging information after a crash on the 101 Freeway in Sherman Oaks were hit by another vehicle, causing a second accident that killed three.

Authorities say motorists exchanging information after a crash on the Ventura (101) Freeway in Sherman Oaks were hit by another vehicle, causing a second accident that killed three.

The fatal accident happened at about 2:10 a.m. Sunday on the freeway near the Coldwater Canyon Avenue exit, CHP Officer Anthony Martin said.

The California Highway Patrol says three people had been involved in a prior accident and had stepped out of their vehicles to exchange information when they were struck by another vehicle. Three other people were injured.

The identities of the deceased were withheld pending notification of next of kin.

How much do you want to bet that the person or persons who hit and killed the persons on the side of the road exchanging information were drunk or under the influence of drugs and alcohol?

Sheman Oaks, Calfornia Car Accident Attorney Website

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EZ Lube CEO arrested for Drunk Driving after Newport Beach, California Crash.

EZ Lube CEO in Drunk Driving AccidentNEWPORT BEACH – California

 A man arrested on suspicion of drunken driving after crashing twice within a city block is the chief executive officer of EZ Lube, an oil-change chain.

Mark David Goodman, 41, has not been charged with a crime since posting bail Tuesday afternoon.

Goodman, who was not injured, was arrested shortly after 5:30 a.m. Tuesday, after his 2009 Cadillac Escalade crashed into a psychic-reading business.

Goodman held senior executive positions at McDonald’s, Walmart and 1,200-store Save-A-Lot before joining EZ Lube recently.

On Tuesday, Goodman’s Escalade jumped a curb along East Coast Highway, knocking over a parking sign, and smashing straight into a knee-high brick planter at Directors Financial Group.

Goodman then apparently backed off the parking sign, and continued a block north, jumping the curb again, breaking another parking sign, scraping a palm tree, and continuing down a sidewalk before smashing into a bus stop bench and finally coming to a stop inside the Crystal Lotus, 3100 E. Coast Highway, in Corona del Mar.

Goodman did not return a call for comment.

Anita Marie Laurie, an EZ Lube spokeswoman, said, “I spoke to him and he said he’s just grateful that no one was injured.”

Goodman took his current job three months ago, when EZ Lube came out of Chapter 11 bankruptcy.

EZ Lube, a chain of 85 or so oil-change shops based in Southern California, ran into financial troubles after two investigations found evidence that the company routinely defrauded customers.

In December 2007, EZ Lube agreed to a $5 million settlement with the Orange County district attorney to end legal action. The company paid $3 million toward the settlement, but declared bankruptcy in December 2008 before paying the rest.

EZ Lube is the latest stop for Goodman, who once ran U.S. strategy and operations for McDonald’s.

After McDonald’s, Goodman had stints as a top executive for two other companies.

For 14 months, Goodman was an executive vice president for marketing at Sam’s Club. Four months after he left, he got a job in April 2007 as chief operations officer for Save-A-Lot, where he stayed for 15 months.

Bottom line folks, do not drink and drive; you could kill someone and then end up in jail for a very long time.

Newport Beach Car Accident Attorney Website

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The Victim of head on car crash in Southern California mourned.

Wrongful Death Victim David Norman ReidFriends, family and students are mourning the loss of a 50-year-old father who was killed Friday in a head-on crash near Steele Canyon High School, where he often volunteered for his kids’ drama productions.

He was identified by the Medical Examiner’s Office Saturday as David Norman Reid, who lived with his wife and family in Spring Valley, California.

Reid was driving a Dodge Caravan east on state Route 94 about a mile west of the school when the driver of a Ford Mustang crossed over the double-yellow line and collided with him head-on, the California Highway Patrol said.

Reid’s 17-year-old son, who was in the passenger seat, suffered serious injuries and underwent surgery Saturday, said the school’s assistant principal, Jeff Kover.

The driver of the Mustang, former student Andrew Bellatti, 18, and his 16-year-old female passenger, a current student, also were injured. They were reportedly released from the hospital Saturday.

It was unknown why Bellatti had crossed into oncoming traffic, but investigators said speed was a factor.

The speedometer on the Mustang was frozen at about 80 mph, said CHP Officer Brian Pennings. He said there was no indication that Bellatti had been racing, or that drugs or alcohol were a factor in the accident.

The road was wet, but it was not raining at the time, he said.

Reid’s son followed in his older sister’s footsteps by joining the charter high school’s drama club, and their parents became well-known volunteers over the past several years.

Reid did everything from building sets and chaperoning to serving at concession stands during plays.
“He’s easily one of the nicest guys you could meet. He always had a good joke or story,” Kover said. “He was there any time we had an event going on, a production or a show. They were always helping out.”

High school records show that Bellatti, who graduated last year, was a pitcher and first-baseman on Steele Canyon’s baseball team. He signed with the Tampa Bay Rays after turning down a scholarship offer to Cal State Fullerton.

Last summer, Bellatti pitched for Tampa Bay’s rookie team in the Gulf Coast League. Professional baseball’s spring training begins next month.

It would appear from the basic facts of this case that the driver of the Mustang was speeding way over the speed limit when he crossed into oncoming traffic and is most probably responsible for the wrongful death of David Norman Reid. We at the California Personal Injury Lawyer Blog send our prayers and condolences to his family.

If you or your family has suffered through the wrongful death of a loved one, you may call our office for a free consultation at 800-816-1529 x. 1.

San Diego Car Accident Lawyer and San Diego Wrongful Death Attorney Website

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New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.

AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.

AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.

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What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

By California Personal Injury Attorney, Norman Gregory Fernandez, Esq., © 2009

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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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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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Two Car Accident’s Caused By a Possible Drunk Driver

Castaic California car accident atorneyCastaic – California

Two traffic accidents involving five vehicles on the Interstate 5 early Saturday morning led to an arrest on suspicion of DUI, the transportation of four people to the hospital and lane closures, said California Highway Patrol Officer Ben Ellis.

A sedan and a tractor trailer collided on the southbound I-5 just south of Templin Highway near Castaic at 6:03 a.m., Ellis said.

About two minutes later, the first accident led to a second collision involving a pick-up truck, an SUV, another sedan and tractor trailer already at the site, according to Ellis.

Officers arrested the male driver of the sedan in the first collision on suspicion of driving under the influence of alcohol. The suspect was injured in the second collision because he stepped out of his vehicle after the first collision, Ellis said.

The suspect was transported to Henry Mayo Newhall Memorial Hospital, along with the driver of the second sedan and two passengers in that vehicle, Ellis said.

CHP officers shut down the third and fourth lanes for about an hour. The first and second lanes were closed only five to 10 minutes after the crash.

Authorities still do not know what directly caused the accident.

“We’re still investigating at this point,” Ellis said.

Castaic Car Accident Attorney

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