Tag Archive: california wrongful death lawyer

Two People are Dead in Agoura Hills Car – Truck Accident

Deadly Agoura Hills Accident on 101 Freeway on July 2, 2010AGOURA HILLS, California ― Two people are dead and a third is critically hurt after slamming into the rear of a big-rig on U.S. Highway 101 west of Los Angeles.

Two people are dead and a third is critically hurt after slamming into the rear of a big-rig on U.S. Highway 101 west of Los Angeles.

The California Highway Patrol says the pre-dawn crash shut down northbound lanes for about an hour.

Southbound traffic was halted briefly while a helicopter landed on the highway to airlifted the injured person to a hospital.

Television helicopter cameras showed the wreckage of a silver car wedged underneath the rear of the big-rig trailer, which was apparently parked on the shoulder at the time of the crash.

The 4:40 a.m. crash occurred just past the Kanan Road exit near Reyes Adobe Road, backing up morning commuter traffic and holiday getaway travelers getting an early start for the Fourth of July weekend.

Agoura Hills Car Accident Attorney and Agoura Hills Wrongful Death Attorney Website

Share

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

Share

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.PHOENIX — Arizona

A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.

The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.

The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.

There was no sign the truck driver was impaired.

Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.

“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.

Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.

The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.

Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.

“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.

Dozens of police and rescue personnel responded to the crash.

Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.

The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.

The Carefree Highway was expected to be closed for several hours as police investigate the crash.

Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.

You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.

This accident is absolutely atrocious and horrible.

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, 2010

Share

California Highway patrol says 12 dead in California traffic accidents

SACRAMENTO, California

The California Highway Patrol says 12 people have died in accidents statewide over the Christmas holiday weekend, one more than in 2008.

Of the 10 vehicle occupants who died in the CHP’s jurisdiction between Christmas Eve and noon Saturday, half weren’t wearing seat belts. A motorcycle rider also died, the CHP says. The twelfth victim was handled by local law enforcement officials.

Last year, 11 people died statewide in Christmas holiday accidents.

The highway patrol says drunken driving arrests are up, from 409 in 2008 to 549 this year.

The holiday weekend continues through Sunday night.

California Traffic Accident Attorney Website

Share

Bad weather in California causing hundreds of Car, Truck and Other Motor Vehicle Accidents; Be Careful.

California Personal Injury Attorney and Lawyer Norman Gregory FernandezAs all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.

There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.

Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.

To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.

If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

Share

There will be Changes on the Oakland Bay Bridge following a Death Plunge by Truck.

Oakland Bay Bridge Fatal Truck AccidentCaltrans will add more safety measures and warning signs on the Bay Bridge to try to get drivers to slow down before the new S-curve, where a speeding truck driver lost control early Monday and plunged in his big rig 200 feet to his death on Yerba Buena Island, authorities said.

New signs advising motorists of the 40 mph speed limit on the S-curve, reflective striping and radar boards flashing drivers’ speeds are among the changes in store in the aftermath of the crash, Caltrans spokesman Bart Ney said at a news conference Monday.

There have been at least 43 accidents in the curved area since it opened Sept. 8 as part of the eastern span replacement project, but the truck plunge was the first in which someone died.

The California Highway Patrol said the primary factors in the accident were the driver’s speed and the shifting weight of his cargo, not any problems with the S-curve’s design.

10 mph over limit

The crash happened about 3:30 a.m. as the big rig, loaded with pears, was traveling on the westbound upper deck at about 50 mph – 1o mph over the speed limit in that zone – said CHP Sgt. Trent Cross.
The truck tipped over the 3-foot-high concrete rail on the northern side of the S-curve and plummeted onto Yerba Buena Island, landing on its wheels and disintegrating into countless pieces. Security guards who were first on the scene said it was clear that the driver, a 56-year-old Hayward man whose name has not been released, died instantly.
The driver was an independent operator who bought the big rig several months ago, authorities said. For the past eight months, he had been a subcontractor for JM&R Trucking in Oakland.
“He was a good person, a prompt person, always on time,” said Mike Russell, the firm’s owner. “He was a safe driver, absolutely.”
Investigators suspect that the driver’s load of pears shifted as the rig hit the S-curve, something that could have helped propel the truck over the side of the span.

Weeks-long probe

Caltrans inspected the bridge and reopened the far-right lane to traffic at 7:45 a.m.

About 15 CHP investigators were collecting evidence on Yerba Buena for a probe that is expected to take weeks. Overhead, a mattress, apparently from the truck’s cab, could be seen balancing on the bridge railing.

Cross said CHP officials believe the S-curve is safe. “We don’t believe it’s a design flaw,” he said. “There’s nothing tricky or complicated about the curve. I can stand here with confidence and say that if you drive the posted speed limit, you will make it through the curve safely, just as thousands of drivers do every day.”

Cross said there was no video from security or traffic cameras on the bridge that captured the crash.

On Oct. 14, a Safeway big rig truck flopped across four lanes when it hit the S-curve, tying up westbound traffic for hours. The driver was unfamiliar with the new turn and was going too fast, the CHP said.

Tough adjustment

Some drivers have had difficulty adjusting to the 40 mph limit on the S-curve, a 10 mph decrease from the rest of the span. The increase in accidents and drivers’ complaints had already led Caltrans and the CHP to install new signs and flashing lights.

The CHP has ordered radar units, the electronic boards that flash the speed of an approaching car, but it is unclear when they will be installed.

Today, crews will begin adding 6-inch-wide reflective strips on the barriers on either side of the S-curve on both decks, Ney said.

At some point, crews also will install a large overhead sign warning westbound motorists of the 40-mph zone ahead, Ney said. That sign, which will be accompanied by flashing lights, will be placed near the top of the incline on the upper deck, Ney said.

Hours after the accident Monday, Caltrans began posting warnings on electronic message boards on Bay Bridge approaches warning truck drivers to slow to 35 mph at the curve, an advisory speed limit. The legal limit remains 40 mph.

Caltrans has considered installing “rumble strips” – rows of traffic dots extending across the roadway – in the area of the S-curve, but has no immediate plans to do so, Ney said.

Steps taken

The agency has already made several changes in hopes of getting drivers to slow down. Last week, crews painted solid white lines to discourage lane changes and added raised pavement markers – some traffic dots and some reflectors – to jar drivers moving to one side or the other. It also added a large overhead warning sign on the eastbound approach to the S-curve.

The CHP said the majority of S-curve crashes have been fender benders. The crashes have been split relatively evenly between the upper and lower decks and have occurred mostly during noncommute hours, when traffic typically moves faster, officials said.

“From day one since we had this S-curve open, we’ve tried to instill in the motoring public that you really have to watch your speed in this area,” Cross said. “Speed has always been a factor in every traffic collision that has occurred in this S-curve.”

San Francisco and Oakland California Truck Accident Attorney Website

Share

Three killed in another accident on Highway 46 North of Bakersfield, California.

Highway 46 North of Bakersfield fatal car accident.Three people were killed in a head-on crash Wednesday afternoon on Highway 46 north of Bakersfield. Friday, four people were killed in an accident on the same highway.

The accident happened at about 2:53 p.m. on Highway 46 just east of Wildwood Road. That’s between Wasco and Interstate 5, not far from Wasco State Prison and the Wasco Valley Rose golf course.

California Highway Patrol officer Robert Rodriguez said a small Toyota was attempting to pass another car on the two-lane road. When the driver of the passing car realized he didn’t have enough room, he tried to get back into his lane, but lost control.

The Toyota slammed head-on into a Dodge Ram pickup, Rodriguez said.

All three people in the Toyota were killed instantly, he said. The driver of the pickup was taken to Kern Medical Center with moderate injuries.

On Friday, one car passing two trucks slammed head-on into another car, killing two people in each.

Highway 46 is sometimes known as “Blood Alley” because there have been so many accidents. It is two-lanes in most places between Highway 99 and Paso Robles.

California Wrongful Death Lawyer and Bakersfield Car Accident Attorney Website

Share