Investigators believe she was crossing Canoas Garden Avenue in an unmarked crosswalk when she was struck by a 99 Ford Taurus. The accident was reported at 6:35am and Barbero was pronounced dead at 10:20am according to the Santa Clara County Medical Examiner. At the time of the published report, authorities were still looking for the driver of the Ford Taurus.
If you or a loved one has been injured in a pedestrian accident, and you have questions about your legal rights, please call us toll-free at 866-218-3776 for an immediate, no-obligation consultation. Our California pedestrian accident lawyers ook forward to speaking with you.
“I’m not trying to get a guilty kid off,” Rude said. “I’ve always had faith in our justice system. I would like to see the truth prevail and I would like Shaun to see that the system works.”
A Sonoma County traffic commissioner is expected to rule within the next two weeks whether to dismiss Shaun’s ticket based on Rude’s written argument that the motorcycle officer’s radar gun was either improperly calibrated or thrown off by another speeding car.
Rude’s contention is that GPS is a less fallible system then radar, a contention that Petaluma Lt. John Edwards disputes.
“GPS works on satellite signals, so you have a delay of some type,” Edwards said. “Is it a couple-second delay? A 30-second delay? Because in that time people can speed up, slow down.”
Whatever the circumstances behind your California moving violation, it is important to secure counsel whenever possible. Your chances of fighting and winning a battle in court for any kind of infraction, be it speeding, a California auto accident, or a Northern California personal injury claim, improve exponentially when you involve a legal expert.
Please call 1-888-526-9540 to speak with an experienced California Personal Injury Attorney at Gillin, Jacobson, Ellis & Larsen today. We provide all potential clients with free consultations and answer the many questions that you may have regarding your case. We are paid only when we win your claim, which means that you pay no fees if we do not obtain a verdict or settlement for you.
California Highway Patrol Spokesman Bob Rickman explained that the driver “went through the cross arm” when it was down and bent it back. For an unknown reason, he then stopped on the tracks. The ACE train operator saw the truck and sounded his horn as a warning, according to the police report.
ACE spokesman Thomas W. Reeves said the train’s operator and nearly 70 passengers were unharmed. The train was the first of the morning, having left Stockton for San Jose at 4:20am for a nearly two hour trip. By 6:38a.m. the accident was cleared up, Reeves said. Reeves went on to explain that it had been more then a year since a Northern California train accident involving an auto had occurred and that in the 10 years that ACE has been operating, trains have hit cars about three to four times.
San Jose Truck Accidents can result in serious injury and in some instances, even death. Depending on the nature of your injuries, you can find yourself unable to work for an extended period of time and the medical expenses can be exorbitant. Our California train accident attorneys are experienced in holding negligent entities liable for the injuries they cause.
We invite you to call 1-866-218-3776 to speak with an experienced Northern California personal injury attorney at GJEL if you or a loved one has been injured. We provide free consultations, and we're paid only when we win your claim. You'll pay no fees if we don't obtain a verdict or settlement for you.
]]>Daniel Alejandro Arvizu was traveling southbound on the 710 freeway approaching the San Diego freeway at about 3 a.m., according to a California Highway Patrol report. As he approached the overpass at about 70 mph, Arvizu swerved to the right to enter the transition lane and lost control of his automobile. The car careened over a raised concrete divider, down an embankment, and hit a tree. One of the passengers, a 29 year old Garden Grove woman identified as Arvizu’s sister, suffered major injuries in the accident and was transported to Long Beach Memorial Medical Center in critical condition. Arvizu did not suffer any injuries but was allegedly driving under the influence at the time of the crash and was arrested and booked at the Long Beach Police Station.
Car wrecks are an all too common occurrence on bay area highways. Add to the mix driving under the influence of alcohol and an innocent passenger who clearly has a wrongful death claim, and it becomes clear why all the parties involved in this accident need an experienced California Auto Accident or California Wrongful Death attorney to represent them. While car accidents make up a significant portion of California personal injury and wrongful death claims, they cannot be considered routine. Each accident must be investigated individually to establish case specifics.
Our experience in California auto accident litigation is extensive. The lawyers of GJEL are adept at assessing the physical principles of the accident, the medical evidence used to evaluate injuries, and the economic principles required to evaluate losses. We provide the strongest possible representation to assure the best possible result for your particular case.
Please call 1-877-469-5669 to speak with an experienced California auto accident lawyer at GJEL if you or a loved one has been injured. We provide all potential clients with free consultations and answer the many questions that you may have regarding your accident. We are paid only when we win your claim. You pay no fees if we do not obtain a verdict or settlement for you.
]]>“Driving without insurance is illegal, and nearly 20,000 motorists in these counties are uninsured,” Poizner said. “Many drivers simply cannot afford insurance, but uninsured drivers put all travelers at risk. The expansion of this program to these 16 counties means that eligible motorists throughout the state will now have an affordable insurance option.”
The low cost auto insurance program has issued over 35,000 policies since its inception. It is designed to provide low-income good drivers with California auto liability coverage, currently for under $400 a year and as little as under $300 a year in many counties. The policies are issued by California licensed insurers and the self-sustaining program is administered by the California Automobile Assigned Risk Plan.
To be eligible for the program, an applicant must be a “good driver” – no more then one at-fault California auto accident or one point for a moving violation in the past three years; and no at fault accident involving bodily injury or death in the past three years; and no felony or misdemeanor conviction for a violation of the state’s vehicle laws. In addition, family income cannot exceed 250 percent of the federal poverty level ($25,525 for a single person, $34,225 for two persons and $51,625 for a family of four). The value of the insured vehicle must not exceed $20,000.
]]> It is against the law in California to operate a motor vehicle without insurance. However, many Northern California auto accidents occur with uninsured or underinsured motorists behind the wheel. If the driver who hit you has no insurance or is underinsured, you may be able to pursue a claim with your own insurance company. Although the insurance company may have an obligation to pay benefits, the process is often difficult, and claims are frequently underpaid, delayed, or wrongfully denied. Our experienced Northern California Auto Insurance Lawyers have the know-how to fight for your rights and obtain the best result possible for your case.Do not count on the insurance company to look out for your best interests. It's rare that an accident victim will "come out ahead" in an injury settlement without consulting a lawyer.
If we handle your case, there will be no advance fees or other advance payments required. If you recover nothing, you owe us nothing. Contact us today for a free consultation.
The case began in June 2001 when 76-year-old Betty Jo Walker of Los Angeles injured her neighbor, Juanita Wasson, by closing her garage door apparently without seeing Wasson standing underneath. Because the condominium where the injury occurred was part of a complex, Wasson then filed a lawsuit against both the homeowner’s association and the homeowners (Walker and co-owner Linda Williams). Upon notification of the suit, Farmers Insurance, who represented the association, refused to defend the homeowners, claiming Walker’s careless use of the garage door was negligent and independent of home ownership. Consequently, Walker and Williams were forced to hire another law firm for their defense, and before eventually settling with Wasson for $6,500, the women racked up over $45,000 in legal fees.
]]> Believing they had been wrongfully denied a defense by Farmers, Walker and Williams sued the insurance company on the grounds that it had acted in bad faith when handling the claim. In the course of this lawsuit, it was discovered that Farmers had previously violated its own procedural rules: only a zone manager was authorized to deny an insured’s request for defense, and in the women’s case, the manager was never even aware of their request. Ultimately, however, Superior Court Judge James Dunn ruled that even if its denial had been procedurally correct, Farmers would still have had a duty to defend Walker and Williams. Otherwise, Dunn reasoned, individual homeowners could potentially be held liable for issues regarding ownership, maintenance and repair of a housing complex’s common areas. Following the court’s ruling, a jury awarded the women over $1.5 million as compensation for their ordeal, as well as $8.34 million levied against Farmers as punitive damages.Upon Farmers’ appeal, Justice Flier upheld the Superior Court’s decision, concluding that the company was wrong to deny the homeowners a defense because Walker had operated the garage door in a common area, and because Williams was not even present at the accident and therefore could not possibly have been independently liable. In her opinion, Flier further notes that Farmers should have been more diligent in investigating the women’s request for defense, adding that the adjustors did nothing to correct their internal procedural violation, nor did they take any appreciable measures to determine whether or not a defense was warranted, despite knowing the women’s vulnerability. The Court of Appeal did however find the $10 million jury verdict to be excessive for an isolated incident, and reduced the punitive damages to $1.5 million.
While few, if any, insurance companies would be foolish enough to deliberately refuse a legally entitled defense to one of its insured, the interesting point of this case is the extra obligation that it places on insurers in cases in which entitlement may not be so clear. Because Farmers’ denial was not found to be malicious in nature—by all accounts, the adjustors legitimately believed that they were not required to defend Walker and Williams—, the court’s bad faith finding is effectively in response to the company’s failure to go the extra mile to investigate and conclusively determine whether or not the homeowners were legally protected.
]]>Unfortunately, even in the absence of aggressive driving, Patterson Pass Road still poses a serious risk to those who drive it. The most dangerous portion of the road runs over the Altamont Pass between Livermore and I-5 and is a favorite shortcut for a handful of Central Valley commuters who use the Pass to skirt the heavy traffic on Interstate 580. As a result, the road’s traffic is predominantly westbound in the morning and eastbound in the evening. The danger is that, for about three miles, the road narrows to one lane wide and includes several completely blind corners. Additionally, for a short distance the road is bordered by a steep wall on one side and a cliff on the other, limiting oncoming drivers to either a head-on collision or a 40-foot tumble. There are sections of the Pass where, if two cars happen to be coming from opposite directions, they will not see each other until their bumpers are fifteen feet apart.
A number of extended East Bay drivers have contacted us about accidents that occurred on this road—the twenty minutes saved by taking the Pass home do not outweigh the risk of serious injury. If you must drive this road, please use extreme caution and remain alert for speeding or aggressive drivers.
For more information, contact our office.
]]>While the New Jersey story is perhaps a comically extreme example, the reality is that many similar “panicked reaction” accidents occur on a regular basis. In fact, not even one week after the New Jersey crash, here in the Bay Area, a 25-year-old man was driving southbound on Interstate 880 in Fremont when he swerved to avoid a two-car accident ahead. Unfortunately, his car careened right into the path of a big rig in the next lane. According to Fremont firefighter Jim Martin, although the driver remained conscious as rescue workers extracted him, he was being treated in San Jose for major head injuries at last report.
In accidents like these, it’s often hard to point fingers at either party involved. Although drivers should maintain awareness of what is happening on the roadway ahead, many times—for example, in the case of falling debris mentioned in one of our earlier blog posts —obstacles are legitimately unavoidable. In such cases, we can certainly empathize with those drivers who panic and lose control, and we obviously can’t blame a cautious driver who hits an erratic, out-of-control vehicle. However, we can all take steps to minimize, as much as humanly possible, the risk of such accidents. Most importantly, keep in mind those tips we all learned in drivers’ education: keep a safe distance between yourself and those in front of you, check your rearview mirror, and drive at a 'slow and steady' speed.
For more information on our firm, please contact us at 800-840-2111.
]]>1. Morning drive on westbound I-80 from Highway 4 to the Bay Bridge metering lights;
2. Evening drive on eastbound I-580 from I-680 to El Charro Road east of Dublin;
3. Morning drive on westbound I-580 from around North Flynn Road to Airway Boulevard in Livermore;
]]> 4. Morning drive on southbound Highway 101 in Marin County from Highway 37 to I-580;5. Evening drive on northbound Highway 101 and eastbound I-80 in San Francisco, from Alemany Boulevard to I-80 and on to Highway 101 until the Sterling Street on-ramp;
6. Evening drive on eastbound Highway 92 in Alameda County, from Clawiter Road to the Interstate 880 interchange;
7. Evening drive on eastbound Highway 4 in Contra Costa County;
8. Evening drive on eastbound I-80 from Fifth Street in San Francisco across the Bay Bridge to Emeryville;
9. Morning drive on westbound Highway 4 in Contra Costa County;
10. (tie) Evening drive on northbound Highway 101 from Marin City to North San Pedro Road;
10. (tie) Evening drive on westbound I-80 from the Bay Bridge toll plaza to Fifth Street in San Francisco.
One can speculate many reasons for the increase in traffic, but the most likely is that there simply are more drivers than ever—and no new highways to accommodate them. With 61,000 new jobs created in the greater Bay Area last year, many of which are filled by workers from inland regions, it’s no wonder that our roads are experiencing heavy loads. Those affected drivers who wish to help alleviate the situation (and lower blood pressure as well) can telecommute, take public transportation, or carpool with others. However, if driving can’t be avoided, please be considerate of our overburdened highways by driving carefully—if you’ve seen one accident you’ve seen them all, so please don’t stop and stare.
For more information on our firm, please contact us at 800-840-2111.
]]>On Saturday, 8-year-old Isias Munoz was killed when he was hit by a car at the intersection of Branham Lane East and Lyric Lane in San Jose. Isias was riding his bicycle when he was struck by the car in what appears to have been a careless mistake, as the driver was not under the influence and is not being charged with a crime.
http://www.mercurynews.com/localnewsheadlines/ci_6167830?nclick_check=1
The next day, near Greenfield, a 4-year-old and a 6-year-old were flown to the hospital with serious injuries after the car they were riding in tumbled 250 feet down a cliff. The driver, John Eric Velasquez of Soledad, was intoxicated when the crash occurred and was arrested before being taken to the hospital.
http://thecalifornian.com/apps/pbcs.dll/article?AID=/20070618/NEWS01/70618010/1002
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]]>The truck accident occurred at approximately 7:50 a.m. on Bridgeway Street in Sausalito as Mr. Gonzalez was crossing the street on his way to work at a nearby restaurant. In this case, the facts so far offer no evidence that either party was overtly breaking the law—according to the investigating police officer, the truck appears to have been in full compliance with state safety regulations, and Mr. Gonzalez was not crossing the street illegally. Rather, the accident seems to have been the result of those factors which no safety law can eliminate: misapprehension of risk and simple human carelessness.
As the summer months approach and many of you begin traveling, please keep in mind that many disasters on the road can be averted by careful attentiveness to the vehicles around you.
For more information on our firm, please contact us at 800-840-2111.
]]>A jackknifed big-rig struck the center median on Highway 101 in Redwood City created a shower of concrete upon impact prior to catching fire. Several chunks flew through the windshield of an SUV, severely injuring the driver. A young woman in the passenger seat was also taken to the hospital.
The big-rig was only traveling at about 55 mph, and was in the slow lane, but its driver lost control and jackknifed for reasons that the CHP has yet to ascertain. Both the truck driver and his passenger did not suffer any injuries. The front portion and about half of the big-rig, which caught on fire, burned for several hours after the crash, according to the Mercury News report.
The truck apparently belonged to Travis Berry Transportation of Gilroy. The company’s owner said this was the worst accident in the trucking company’s history, and confirmed that the driver who caused the accident had only been with the company for a month. The accident led to complete gridlock, shutting down both sides of 101 for hours. CHP officials remarked that it has been several years since even one direction of the highway has been shut down for such a lengthy period.
Despite the fact that the driver appeared to be obeying the speed limit and displaying courtesy to other drivers by using the far right-hand lane, this accident serves as a reminder to give plenty of leeway to big-rigs at all times when you’re driving on freeways or other high-speed roadways.
A community that mourned the death of a high school student and significant injuries to ten others still knows that “the S curve” in Irvine Avenue is to be approached with caution.
The crash, which happened a three weeks before graduation, killed one student, voted “Life of the Party” in his senior yearbook, and left a cheerleader in a coma with a severe brain injury.
The problem here was and still is with the design of the S-shaped roadway. Numerous drivers take Irvine Avenue as a shortcut, to avoid either the freeway or other crowded arterial roadways.
Other flaws in road design include rate of incline, road texture, obstructive vegetation, and angles of road curves. Younger drivers are at greater risk of injury as a result of road design flaws because of their likelihood of speeding and lack of experience. In some instances, cities and counties fail to post warning signs cautioning motorists to slow down, or else these signs are not easily visible.
The study, led by emergency medicine physicians with the Center for Trauma and Injury Prevention Research at the UC I Medical Center, reports an increase in the risky behavior among women between 1995 and 2004. While seatbelt use increased for both young men and women, strangely enough, the increase among women was smaller.
Meanwhile, auto accidents remain the leading cause of death for adolescents and young adults, a fact compounded by the effects of alcohol and failure to use seatbelts, the study states.
The UC-I team reviewed accident data from the National Highway Traffic Safety Administration (www.nhtsa.gov) from 1995-2004. They found that about 139,000 fatal crashes in the age groups 16 to 24 occurred during the time of the study, and that the increase in alcohol-related crashes was more pronounced in the older age group—those between ages 21 and 24.
This study is significant because it somewhat dispels the myth that women are far safer drivers than men. DUI crashes and incidents are typically considered a male domain, as is lack of seat belt use. Driving under the influence and not buckling up are two of least safe driving practices, which can lead to tragedy for the driver – man or woman -- and other motorists and pedestrians who may be in the path of his/her vehicle.
The suspect, Adrian Gomez, was arrested after he lost control, ran into a center median and slammed his 1997 Honda into a tree. The accident killed his passenger, also a 22-year-old Huntington Beach man. The incident happened about 5 a.m. Gomez himself suffered a few minor injuries and was booked on suspicion of DUI after he was treated at UCI Medical Center.
The Register article also states that this was not Gomez’s first encounter with the law. In January 2006, he pleaded guilty to possession of a controlled substance, a felony, as well as being under the influence of a controlled substance and unauthorized possession of a hypodermic needle, both misdemeanors.
We read these stories every day. Not many drivers realize that if they drink and drive, they are putting their passengers in grave danger. Most often, as in this case, the person who is driving under the influence will be held liable, as well as criminally charged if his or her passenger dies in the crash.
If you know someone has been drinking, do not accept a ride in his or her vehicle. The danger of severe injury or even death is overwhelmingly high, as this news report reminds us.