Personal Injury Lawyer Report » Wrongful Death

Two Killed In San Francisco Car Accident

Lorraine — Tue, 07 Sep 2010 23:01:55 +0000

Two young men who were killed in a car accident in San Francisco have been identified as Robby Macam, 19 and Nick Sarmiento, 20. KTVU reports that the fatal crash occurred the night of September 4, 2010 on Lake Merced Boulevard near John Muir Drive when the Honda turned perpendicular to traffic and ended up colliding with a Toyota. The crash also left three occupants in the Toyota with critical injuries. An investigation is ongoing.

My heart goes out to everyone who knew and loved Macam and Sarmiento for their terrible loss. I would imagine that these victims' family members have a number of questions as to how this tragic crash occurred. Please keep these grieving families in your prayers. I also pray that the three critically injured victims recover quickly and fully.

Car Accident Causes

Based on this news report, it is not clear how or why the Honda came to be stopped perpendicularly on the street. It is possible there was an auto product defect or malfunction in the Honda that caused the accident. It is also not yet clear whether speed, alcohol or reckless behavior on the part of the one of the drivers caused this tragic collision.

Fault and Liability

If this accident was the Toyota driver's fault, then, the families of Macam and Sarmiento could file a wrongful death claim seeking compensation for funeral expenses, lost future income and other related damages. On the other hand, if this accident was the fault of the driver of the Honda, then, the injured victims in the Toyota could seek compensation from the deceased driver's estate or his liability insurance.

Victims or their families in such cases would be well-advised to seek the counsel of an experienced San Francisco personal injury lawyer, who will be able to analyze all facets of the incident and ensure that the negligent parties are held accountable for their actions. A knowledgeable car accident lawyer will also be able to advise victims and their families about how their car insurance policy applies to an incident involving an at-fault motorist who is uninsured and underinsured.

What are some of the greatest challenges faced by injured victims and their families in the aftermath of a crash?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Two Killed In San Francisco Car Accident is a post from: Personal Injury Lawyer Report

Man Killed in Los Angeles Car Crash

admin — Tue, 31 Aug 2010 23:47:55 +0000

A 50-year-old man, who was killed in a car accident in Los Angeles after being struck by a vehicle on the 210 Freeway the night of August 27, 2010, has been identified as Kevin Payne. The San Gabriel Valley Tribune reports that Payne was standing on the shoulder of the freeway in Glendora next to his Mercedes while having his disabled pickup truck hooked on to a tow truck.

The Mercedes was struck by a Dodge van, whose driver, 36-year-old Toby Okleshen, may have suffered a diabetic attack, officials say. The Mercedes in turn hit Payne who sustained fatal injuries. Officials are still talking to witnesses and conducting an investigation.

My heartfelt sympathies go out to everybody who knew and loved Kevin Payne. Please keep this grieving family in your prayers.

Pedestrian Accidents

One death and 13 injuries were reported as a result of pedestrian accidents in Glendora, according to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS). In Los Angeles County, 214 people died and 4,985 were injured as a result of pedestrian accidents in 2008.

Causes and Compensation Issues

If the details of this news report are accurate, officials are saying that a medical condition, not alcohol or drugs, caused this tragic crash. However, if Okleshen is determined to have been at fault, he could be held liable for Payne's wrongful death. In cases where negligence or wrongdoing is involved, families of deceased victims can file a wrongful death claim seeking compensation for medical and funeral expenses, lost future income, loss of love and companionship, and other related damages. An experienced Los Angeles personal injury lawyer, will be able to advise victims' families in such cases about their legal rights and options.

What are some of the toughest challenges faced by victims and their families after an injury car accident?

Man Killed in Los Angeles Car Crash is a post from: Personal Injury Lawyer Report

DUI Collision Proves Fatal for San Diego Man

Lorraine — Tue, 24 Aug 2010 23:49:18 +0000

DUI Collision Proves Fatal for San Diego Man

A suspected DUI collision in San Diego proved fatal for 65-year-old Marc William Durham the night of August 20, 2010. The fatal accident occurred at the intersection of Camino del Norte and Carmel Mountain Road in Rancho Bernardo, 10news reports. A 57-year-old driver apparently rear-ended several vehicles that were stopped at a red light at the intersection. Durham was the driver of the car that was rear-ended first. Several other sustained minor injuries, officials said. Police are investigating the involvement of alcohol and/or drugs in this incident.

My heartfelt sympathies go out to everyone who knew and loved Marc William Durham. They will certainly be in my thoughts and prayers.

Car Accident Statistics

There were 81 fatalities and 6,123 injuries involving car accidents in San Diego, according to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS). Of those incidents, 34 deaths and 907 injuries involved alcohol-related collisions.

DUI Laws

California law prohibits drivers from operating a vehicle while under the influence or alcohol or drugs. It is illegal to drive in California with a blood alcohol content of .08 percent or more under California Vehicle Code Section 23152 (a). A person, who by the act of driving drunk fatally injures another, can face gross vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Fault and Liability

In such cases, at-fault parties can be held both, criminally and civilly liable for the injuries and damages they cause. Injured victims or families of deceased victims would be well-advised to contact an experienced San Diego personal injury lawyer who will advise victims about how to pursue their legal rights.

Do you believe that drunk drivers are a serious problem in your community? What do you believe lawmakers should do to counter this problem?

DUI Collision Proves Fatal for San Diego Man is a post from: Personal Injury Lawyer Report

Man Killed in Monterey County Car Accident

admin — Thu, 05 Aug 2010 23:26:49 +0000

The chef at a prominent Seaside restaurant was killed in a car accident, which officials say, was caused by a fatigued driver. According to a news report in The Monterey Herald, 58-year-old Ted Consoli was fatally injured the evening of July 30, 2010, when his 2004 BMW Z4 was hit by a Ford SUV on Holman Highway.

The SUV's driver, identified as 61-year-old Thomas Littlefield, crossed into opposing lanes of traffic and struck Consoli's BMW. He also hit a Chevy Silverado driven by Andrew Kennedy, 32. He and his passenger, 33-year-old Heather Lauren, sustained non-life-threatening injuries. Littlefield told officials he may have fallen asleep at the wheel. No arrests have been made pending an official investigation

I offer my heartfelt sympathies to everyone who knew and loved Ted Consoli. I also wish Kennedy and Lauren the very best for a speedy and complete recovery from their injuries.

Sleepy Drivers are Dangerous

Fatigued drivers cause numerous fatalities and serious personal injuries each year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), in 2007, fatigue was a factor in at least 18 percent of all fatal car accidents. The NHTSA also estimates that fatigue on the nation's roadways accounts for about 7 percent of all accidents. The federal agency had then identified driver fatigue as one of the main areas of driver behavior that needed to be addressed to achieve a reduction in the number of serious car accidents by 40 percent, by this year (2010).

Liability Issues

Based on this news report, it appears that this accident was caused by a fatigued driver. I trust officials are also looking into whether Littlefield was under the influence, distracted or otherwise negligent at the time. Once the investigation is completed, officials may determine whether criminal charges are warranted. However, if Littlefield is determined to have been at fault, he can be held financially responsible for the accident and injuries caused.

In such cases, injured victims or families of deceased car accident victims would be well-advised to contact an experienced California personal injury lawyer, who will stay on top of the investigation and make sure that the negligent parties are held accountable for their actions.

Question: What are some tips you would offer to help prevent fatigued driving?

Man Killed in Monterey County Car Accident is a post from: Personal Injury Lawyer Report

Speed May Have Been a Factor in Fatal Bus Crash

Lorraine — Mon, 02 Aug 2010 23:50:26 +0000

A fatal bus crash in Fresno, which killed six and injured many others, may have been caused by excessive speed, according to a news report in The Fresno Bee. The July 22, 2010 collision occurred when a Greyhound bus driven by James Jewett, hit an SUV, which was overturned on Highway 99 as the result of a prior rollover crash. Jewett was killed in the accident, as were the three female occupants of the SUV. Officials have determined that Sylvia Lopez Garay, the SUV's driver was under the influence at the time of the collision.

Legal Action

Several crash victims have already filed personal injury lawsuits naming Jewett and Greyhound. The investigation is at least a month away from completion. Some passengers have told the newspaper that they saw the driver travel over the posted 65-mph speed limit. Others say Jewett appeared fatigued at the time of the crash. Officials have ruled out alcohol as a factor in this collision following toxicology tests.

Causes and Liability Issues

In such cases injured victims and families of deceased victims would be well advised to contact a reputed California personal injury lawyer who has handled similar complex bus accident cases. If the bus driver is determined to have caused this crash, he and Greyhound could be held liable. The same is true if this crash occurred as a result of fatigue or poor vehicle maintenance.

Injured victims can seek compensation to cover medical expenses, loss of earnings, cost of hospitalization, rehabilitation, physical therapy and other related damages. Family members of deceased victims could file a wrongful death claim seeking compensation for funeral expenses, lost future earnings, loss of love and companionship, and related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

What are your biggest concerns about taking a bus trip? Would you feel safe riding a bus?

Speed May Have Been a Factor in Fatal Bus Crash is a post from: Personal Injury Lawyer Report

Los Angeles Residents Injured in Car Accident

admin — Thu, 29 Jul 2010 23:47:16 +0000

One person was killed and two others, all from Los Angeles, were injured in a Fresno car accident after their van crashed on the Interstate 5, the morning of July 27, 2010. According to a news report in The Fresno Bee, the accident, which happened near Coalinga, injured the driver, Jimmy Sanpakit, 68, of Arleta, and another passenger, Kuangrudee Kla-harn, 71, of Van Nuys. Their van was northbound on the freeway, close to Highway 145, when a tread separated from one of the tires. The driver lost control of the vehicle. A 68-year-old male passenger from North Hollywood sustained fatal injuries in this crash. His identity has not yet been released. An investigation is ongoing.

I offer my deepest condolences to the family and friends of this deceased car accident victim. I also sincerely hope that the two other victims were not seriously injured. I wish them the very best for a speedy and complete recovery. Please keep these injured victims and their families in your thoughts and prayers.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were four fatalities and 15 injuries involving car accidents in Coalinga. In Fresno County as a whole, 127 people died and 3,323 were injured as a result of car accidents during the same year.

Possible Tire Defect

Based on this news report, it appears that the driver of the van lost control because of an auto product defect, specifically tire failure. Tire defects, whether in passenger cars, motorcycles or other vehicles, can definitely lead to serious injury accidents. When tire tread separation occurs in a van, SUV or light truck, it can have devastating consequences because these are vehicles that are prone to rollovers. Whether the defect is related to tire pressure or tire tread separation, when a vehicle's tire fails, the driver has very little control over his or her vehicle. Even an experienced driver will not be able to control his or her car if the tire tread separation occurs suddenly – especially if it happens at freeway speeds.

Auto Products Liability Issues

If a tire tread separation is proved to be the result of a manufacturing or design defect, then, the family of the deceased victim and the injured victims will have a claim against the auto maker or the manufacturer of the defective tire. In such cases, it would be a good idea to preserve the vehicle in its current condition, unaltered, so an expert can thoroughly analyze it for any evidence of defects or malfunctions. An experienced Fresno personal injury lawyer will be able to better advise victims and their families about how to pursue their legal rights.

Have you ever experienced tire tread separation? How did you react to the situation?

Los Angeles Residents Injured in Car Accident is a post from: Personal Injury Lawyer Report

Head-on Car Accident Kills Woman

admin — Thu, 29 Jul 2010 23:25:59 +0000

Tonia Marie Evans, 44, was killed in a July 21, 2010 car accident on Highway 101 after another vehicle collided head-on with hers. According to a report in The Willits News, Evans was driving a 1995 Toyota 4Runner south on the highway when a 2001 Subaru driven by 37-year-old Saskia Martin swerved into the southbound lanes into the path of the 4Runner. California Highway Patrol officials said the head-on collision caused the Toyota SUV to roll over. Martin and Tonia Evans' husband, 52-year-old Allen Evans, sustained minor injuries. However, Tonia Evans died at the scene.

Martin told officials that she was in the slow lane of Highway 101 behind a big rig, when she attempted to pass it. Just as she did so, she spotted an abandoned bicycle in her lane and braked. Martin said it was then that she lost control of the Subaru and entered opposing lanes of traffic. CHP officers took the bicycle off freeway lanes. An investigation is ongoing.

The Result of Roadway Debris?

I offer my deepest condolences to the family and friends of Tonia Marie Evans for their tragic, heartbreaking and untimely loss. This grieving family will be in my thoughts and prayers.

Based on this news report, it appears that this tragic accident may have occurred as a result of someone dropping the bicycle in traffic lanes. The California State Department of Transportation estimates that 140,000 cubic yards of debris is dumped on California's roadways each year. In California, roadway debris has caused 155 traffic accident deaths and numerous catastrophic injuries between 2006 and 2008.

Laws and Liability Issues

California law prohibits anyone from throwing or dumping matter on the highway. California Vehicle Code section 23112 (a) states: "No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind."

In such cases where deadly crashes are caused by roadway debris, the person or entities that were responsible for dropping the debris on the roadway can be held liable for the accidents and resulting injuries or deaths. Individuals who are injured in such car accidents would be well-advised to consult with an experienced California personal injury lawyer who has successfully handled roadway debris cases. A skilled car accident lawyer should inform victims and their families how their car insurance policy will apply to such roadway accidents.

Have you ever had a close call on the roadway as a result of debris?

Head-on Car Accident Kills Woman is a post from: Personal Injury Lawyer Report

Street Intersection Collision Proves Fatal for Riverside Man

Lorraine — Wed, 28 Jul 2010 23:38:56 +0000

George Batsakes, 73, was fatally injured in a car accident in Riverside after his vehicle was struck by another at a street intersection in Palm Springs. KPSP News reports that the deadly crash happened the morning of July 27, 2010 at the intersection of Crossley Road and Dinah Shore Drive when, police say, Batsakes ran a red light and hit a Verizon work truck. The driver of the truck was injured, but is expected to survive. Batsakes succumbed to his injuries. An investigation is ongoing.

My heart goes out to everyone who knew and loved George Batsakes for their profound loss. They will be in my thoughts and prayers.

Car Accident Statistics

Countywide in Riverside, 220 fatalities and 8,561 injuries were reported as a result of car accidents in 2008, according to California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS). In Palm Springs, eight people died and 340 were injured due to car accidents during the same year.

Laws and Liability Issues

California Vehicle Code section 21453 (a) states: "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown."

It is not clear based on this report why Batsakes ran the red light. I trust officials are looking into the cause of the accident and are in the process of determining who was at fault. If Batsakes was at fault, then the driver of the truck can claim compensation for injuries, damages and losses, from the at-fault driver's estate and insurance. In such cases, injured victims can seek compensation for medical expenses, loss of earnings, hospitalization, rehabilitation and other damages. A knowledgeable Riverside personal injury lawyer will be able to advise injured victims about their legal rights and options.

What precautionary steps do you take as a motorist while passing through street intersections?

Street Intersection Collision Proves Fatal for Riverside Man is a post from: Personal Injury Lawyer Report

San Francisco Area DUI Collision Leaves Two Dead

Lorraine — Wed, 21 Jul 2010 22:55:07 +0000

Two women identified as Beverly Jones and Nancy McBride, both 77, were killed in a car accident in San Francisco the evening of July 18, 2010. Bay City News reports that the fatal collision occurred in Sonoma County when 27-year-old Lyndsay Murray-Mazany drove straight through a 90-degree turn on Geyserville Avenue and crashed into a Subaru Forrester. The driver of that vehicle, 56-year-old Katherine Hinzman, and two other passengers suffered injuries. Jones and McBride, also passengers in the SUV, died on impact. Murray-Mazany, who told officials she was returning from a wine tasting event, was booked on suspicion of DUI and vehicular manslaughter.

My heart goes out to the family and friends of the two deceased victims – Beverly Jones and Nancy McBride. Please keep these grieving families in your prayers.

Traffic Collision Statistics

There were 17 fatalities and 264 injuries involving DUI collisions in Sonoma County, according to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS). Also, countywide, car accidents claimed 36 lives and injured 1,988 people in 2008.

Vehicular Manslaughter

Driving a motor vehicle while under the influence of alcohol or drugs is a serious crime under California Vehicle Code Section 23152 (a). A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges. California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

An experienced San Francisco personal injury lawyer will be able to advise victims and their families in such cases about how to pursue their legal rights. A knowledgeable car accident lawyer will also advise families about how their auto insurance policy will apply to an incident where the at-fault driver is uninsured or underinsured. For more information about the dangers of drunk driving, please visit MADD's web site at www.madd.org.

In your opinion, what are some of the best ways for drivers to prevent DUI collisions? We would like to hear your tips and suggestions.

San Francisco Area DUI Collision Leaves Two Dead is a post from: Personal Injury Lawyer Report

Los Angeles Car Accident Proves Fatal for 11-year-old

Lorraine — Mon, 19 Jul 2010 23:01:02 +0000

A hit-and-run collision in South Los Angeles resulted in the death of 11-year-old Natanael Garcia. CBS News reports that the fatal pedestrian collision occurred at the intersection of 76th and Hoover streets the afternoon of July 15, 2010. The suspect has been described as a Latino woman with a pony tail. Authorities also say they have a good description, surveillance tape and a partial license plate. If you witnessed this fatal collision, please contact 323-290-6063.

My heart goes out to the family and friends of this young boy for their tragic, devastating and untimely loss. I hope the hit-and-run driver is apprehended and this family gets the closure they deserve. They will be in my thoughts and prayers.

Hit-and-Run Statistics

According to the California Highway Patrol's traffic accident statistics, there were 17,158 hit-and-run collisions that resulted in fatalities or injuries in California in 2008. A majority of these car accidents involved serious personal injuries. There were 247 deaths in 2008 involving hit-and-run collisions statewide.

Hit-and-Run Laws

According to California Vehicle Code 20001 (a): "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person, shall immediately stop the vehicle at the scene of the accident." Motorists in California involved in an accident are required to stop irrespective of who was at fault. They must not only exchange information with the other parties involved, but also obtain medical aid for the injured victim.
Claim for Compensation

An experiencedLos Angeles personal injury lawyer will advise families of deceased victims about how they can pursue their legal rights. A skilled car accident lawyer will also determine whether a dangerous roadway caused or contributed to the accident. If that was the case, the city or governmental entity responsible for maintaining the roadway could be held liable as well. Please remember that any personal injury or wrongful death claim against a public entity must be filed within 180 days of the accident or injury.

What are some ways by which hit-and-run collisions could be diminished or eradicated? We would like to hear your ideas and opinions.

Los Angeles Car Accident Proves Fatal for 11-year-old is a post from: Personal Injury Lawyer Report