Southern California Car Accident Lawyer Blog

Long Beach resident Samuth Pen, 19-years-olds, was killed late Friday when he drove, the wrong way, on Queensway Bridge head on into a Long Beach Passport Bus according to the Press-Telegram

The two adult male passengers in Pen’s Honda Civic were taken to area hospital with minor to serious injures. Seven of the passengers on the bus and the Long Beach Transit Bus driver were taken to a local hospital suffering from minor to moderate injuries suffered during the Long Beach bus accident.

Let’s hope all those involved fully recover as quickly as possible from their injuries. My deepest condolences to Pen’s family and friends.

The Long Beach Police Department’s Accident Detail is asking that anyone with information about this accident contact them at 562-570-7355.

According to the Press Telegram, authorities at this time do not believe alcohol was a factor. Their report also said the men in Pen’s Honda were wearing their seat belts.

So how did it happen that Pen and his companions were going the wrong way on Queensway Bridge? Apparently they were not intoxicated. They had the presence of mind to be buckled up. What happened?

If I were handling this case, we’d be interviewing the surviving young men in Pen’s Honda to see where they had been, where they were going and the route they followed. We would be going over the route very carefully to see if there was a reason for Pen not to know he was entering the wrong way on Queensway Bridge.

Continue reading " Queensway Bridge, Wrong Way Fatal Car vs. Bus Crash " »

Police in Alameda County are trying to piece together the circumstances of a hit-and-run pedestrian auto accident, which killed 72-year-old George Marceline, a beloved Oakland Raiders fan. According to an article in the San Jose Mercury News, a green 1997 Jeep Cherokee driven by Dionisio Roxas Molina, 36, hopped the curb and hit several objects on the sidewalk as well as Marceline but did not stop at the scene of the accident.

Police say Molina did not appear to be under the influence of alcohol, but that he may have been under the influence of drugs. Molina on the other hand told investigators that he has no recollection of the accident at all. He was found parked in his SUV in the driver’s seat in the area. According to the Alameda County Coroner’s office, Marceline died of blunt force trauma.

My deepest condolences to the family and friends of Marceline. To the fans of the Silver & Black that shared his love of the Raiders, my condolences on the loss of one of your own. It would be fitting for the Raiders organization to recognize Marceline’s dedication to the team by some pre-game tribute or better yet by AFC title.

Continue reading " Pedestrian Accident In Alameda County Kills Man " »

James Council, a Santa Clara County sheriff's deputy is being held at the Santa Clara County jail on two-misdemeanor manslaughter charges, according to an article in The San Francisco Chronicle.

Council was on duty, in his patrol car March 9, when he ran over and killed two bicyclists and injured the third. Council could now face jail time for the deaths of San Francisco resident 29-year-old Matt Peterson and 30-year-old Kristy Gough of San Leandro. The deputy had been driving on Stevens Canyon Road in Cupertino when his car crossed the centerline hitting the three cyclists. Council, who was 4 1/2 hours into his shift, said he had fallen asleep at the wheel. He had worked a 12 1/2-hour shift the previous day.

My deepest condolences to the Peterson and Gough families in this most unfortunate accident. In California, our great weather and bicycle–friendly city policies encourage more cyclists to get on the road. But the challenge for much of the State is for both vehicles and bicycles to do a better job of sharing roadway space.

Fatality Analysis Reporting System (FARS) data shows in 2006 that of a total of 141 bicyclist fatalities in California, 95 or over two thirds occurred at “non-intersections,” such as this Cupertino accident. And single vehicle crashes killed 135 bicyclists of the 141 total deaths. This is a sad reminder that a bicyclist equipped with even the best gear and helmet does not stand a chance in a car-bicycle crash.

Continue reading " Charges In Cupertino Auto-Bicycle Crash " »

The city of Hanford recently agreed to a $15 million settlement in the traumatic brain injury auto accident case of 14-year-old Christopher Chan, according to the Hanford Sentinel. Christopher suffered the horrendous injury as the result of a bicycle vs. automobile accident May 31, 2005 at the Hanford street intersection of 11th Avenue and Pepper Drive.

Jupiter Chan, Christopher’s father, represented by Bisnar|Chase had sued the city alleging that the municipality knew the street intersection was dangerous, agreed to fix it the dangerous condition and then did not act to correct the problem. The intersection posed a hazard to school children who cross the intersection twice daily on their way to and from school. As of last week, the Hanford has still taken no visible action to make the intersection safe for school children.

The city of Hanford agreed to our settlement terms a week before the case was set to begin a jury trial. The settlement provided up front cash to pay past medical and care expenses, equipment and home modifications Christopher needs now, attorneys’ fees and litigation expenses. The agreement also calls for the reminder of the money to be paid periodically into a trust for Christopher, administered by court appointed conservators, for the rest of Christopher’s life to cover the 24/7/365 care he needs for the rest of his life.

Continue reading " City of Hanford Settles Brain-Injury Car Accident Claim " »

An Interstate 265, Louisville, Kentucky crash involving a 15-passenger van carrying four elderly women and their driver was reported in a recent Courier-Journal article.

The van accident happened on the Gene Snyder Freeway, near the I-64 just north of Taylorsville Road as one of its tires blew out. The driver lost control and the van rolled over several times coming to a stop at a cable barrier. The group of women, who were not identified in the article, belonged to the South Jefferson Christian Church located at 6500 W. Orell Road. All the van’s occupants were taken to University Hospital. However, their injuries have been described as not life threatening.

I deeply sympathize with the injured in this auto accident and wish them a rapid recovery. I’m very distressed this rollover wreck happened when the National Highway Traffic Safety Administration (NHTSA) has repeatedly said the 15-passenger van is unsafe. It is unfortunate the Church had chosen to continue using this vehicle.

An update posted on NHTSA Web site says there were 58 people killed in 2006 in 15-passenger van rollover crashes. Also data shows 31 percent of fatal rollovers for this vehicle happen in between the months of June and August.

Continue reading " 15-Passenger Van Rollover Accident On I-265 " »

Bakersfield residents Scott Duke and his passenger, Eugene Hernandez were killed in a big rig accident near Derrick and Gale avenues in Coalinga, reports The Fresno Bee in a recent article.

Duke, 39, and Hernandez, 23, were speeding in a 2008 Volvo when the car rear ended a dump truck loaded with 15 tons of asphalt, according to authorities. The impact of the car crash killed both and emergency crews worked for four hours to cut the car free from under the truck. Gregory Vannoort, the 25-year-old truck driver of Fresno was not injured.

My prayers are with the Duke and Hernandez families. Something happened on that roadway that isn’t explained in the news reports. My suspicious nature is thinking there is much unreported that will reflect on what really caused this car vs. truck accident.

Fifteen tons is a lot of asphalt to haul especially when most asphalt dump trucks have either a 5 or 10 ton capacity. Was this asphalt dump truck over loaded. Was it moving dangerously slow for the traffic conditions or was it dangerously parked? Duke just didn’t mindlessly speed into the back of a dump truck. Where the tail and brake lights on the dump truck working at the time of the big truck collision? There has to be more to this story.

Continue reading " Coalinga Big Rig Collision Kills Driver and Passenger " »

What damages are recoverable in a wrongful death case?

A head-on collision on Highway 41 near Nevada Avenue killed a 26-year-old Lemoore man driving a Toyota Corolla as well as another man driving a 1998 Saturn according to a recent news report in The Hanford-Sentinel.

The accident happened near Lemoore as the Saturn driver who was northbound on the two-lane State Route 41, tried to speed past a 2007 Toyota by getting into the southbound lane. The Saturn then hit the southbound Corolla. Edward Sutton, the driver of the northbound 2007 Toyota anticipated the collision and swerved to the right as the Saturn tried to pass him, said official reports. The Saturn driver, who was reportedly driving at a speed of 90-95 miles an hour, swerved to the right too but couldn’t avoid the southbound Corolla. Sutton’s passenger Kristin Holly, 37, suffered minor injuries while Sutton and his remaining two other passengers, Nicholas Stoll, 14, and Andrew Stoll, 11, were not injured.

Our hearts and prayers go out to the family of the Lemoore man, who has not been identified. As for the driver of the Saturn, there can be no excuse for going that fast on a two-lane road or for making a reckless pass and for putting his life and the lives of other motorists in danger. It will be interesting to see if the traffic collision investigation determines what was going on with the Saturn driver to cause him to drive so recklessly..

Continue reading " Fresno County Head-On Auto Accident " »

William Charles Duffy, an 82-year old man, died in an Oceanside auto accident on the I-5 after he rear-ended a Sparkletts water delivery truck that was parked on the right shoulder of the freeway, according to an article in the San Diego Union-Tribune.

Duffy, who was driving a Honda Civic, was merging onto Interstate 5 traveling north from Oceanside Boulevard. California Highway Patrol Sgt. Ewe Dorendorf said Duffy had drifted to the right and crashed into the stopped truck. The 22-year-old truck driver, who was not injured in the crash, said there was some mechanical problem with his vehicle.

CHP officials don’t know what caused Duffy to veer off the freeway and crash into the truck. It could have been a mechanical failure or a defective automobile part in the Honda Civic. It could also have been debris on the roadway, a medical problem, another vehicle could have been involved or it could have been driver inattention.

My deepest condolences are with Mr. Duffy’s family and friends.

Continue reading " Oceanside Auto Accident Kills Man " »

It’s almost here. Starting July 1, drivers distracted by cell phones will be slapped with tickets that could cost them up to $200 if you add court costs and penalties. But money aside, these new laws will help weed out distracted drivers, who are either talking on the phone without a hands-free device or using the phone in a way it that affects their driving.

There are two laws that will go into effect July 1. The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Drivers 18 and older may use a hands-free device. Drivers under the age of 18 may not use a wireless telephone or hands-free device while operating a motor vehicle.

There is no question that these new laws will help remove some of the dangers caused by distracted drivers on our roadways. According to the National Highway Transportation Safety Administration, 20 to 30 percent of auto accidents -- about 1.8 million -- in the United States are caused by driver distraction. These accidents result in 8,400 to 12,600 deaths, close to 1 million injuries and $40 billion in damages.

Continue reading " New California Cell Phone Driving Laws To Take Effect July 1st " »

Dennis Mitchell, a 29-year-old-man died in a Visalia motorcycle accident on Goshen Avenue near Kelsey Street, according to a recent report in the Visalia Times-Delta.

The accident occurred as a pickup truck driven by Mario Tapia made a left onto Goshen, a four-lane divided road, from Recycle Depot, a facility on that road. Tapia reportedly made a safe turn ahead of another eastbound truck coming his way. Mitchell, who was believed to be doing 90 mph on his motorcycle., passed the eastbound truck on the left side and hit the rear of Tapia’s truck. Sgt. Bill Blankenship of the Visalia police department said Mitchell was killed by the impact and Tapia would most likely not be held responsible for the crash. Juan Denis and David Morrow were witnesses to the accident.

I offer my deepest condolences to the victim’s family for their tragic loss.

Accidents involving two wheelers tend to increase across the nation in the summer months, as the weather gets warmer bringing more riders on the road. California’s more conducive riding weather also results in a greater share of motorcycle accident injuries. The National Highway Traffic Safety Administration (NHTSA) estimates there are over 4 million motorcycles registered in the United States, roughly representing two percent of all registered vehicles. The numbers estimated each year for motorcycle fatalities however, represent about five percent of all highway fatalities.

Continue reading " Tulare County Motorcycle Accident Kills Rider " »

A 77-year-old Ramona man, Charles Milton Chesshir, died in a car crash near the Barona Valley Ranch Resort & Casino, reported The San Diego Union-Tribune in a recent story.

Chesshir was driving south on Wildcat Canyon Road, in a 2004 Honda Accord, just a few miles north of the casino in San Diego county, when the accident happened. California Highway Patrol Officer Brian Pennings is quoted saying the car had drifted onto the right shoulder. When Chesshir overcorrected the steering to the left, he lost control and the Honda then rolled over several times. The crash also injured his 75-year-old wife who was not named in the article.

Continue reading " Vehicle Rollover Accident In Lakeside Kills Man " »

Kenneth Wade, a 29-year-old Petaluma man and Windsor resident Nastasha Vandenheuvel, 34, were seriously injured in a recent four-vehicle auto crash near Petaluma, according to a news report in The Press Democrat.

The car accident happened near Novato Narrows north of the Marin County line and on the northbound lanes of Route 101 between Kastania and San Antonio roads. The pile-up started as a Honda Accord driven by Helen Kyung Sook Daniels, 68, of Petaluma had swerved towards the road median to avoid stopped traffic. Daniels then hit a Chevrolet minivan driven by Cindy Green, of American Canyon. Both cars crashed into a big rig causing it to over-turn and hit a Volvo wagon. The chain reaction collision inflicted minor injuries to Daniels and Christian Vandenheuvel, 33, the driver of the Volvo while his wife Nastasha and Wade, the driver of the tractor-trailer, remain hospitalized. Green was uninjured in the collision.

Continue reading " Big Rig In Highway 101Accident Injures Four " »