Northern California Injury Lawyer Blog

A 17 year-old driver from Windsor, California is fighting his speeding ticket in an unusual manner. He is using the data recorded from the GPS unit his parents installed in his car to track his speed and location to prove his innocence, according to an AP Report. The boy, named Shaun Malone, is the stepson of retired deputy Roger Rude who insisted on the installation of the GPS device for his lead-footed son. The ex deputy who spent 31 years with law enforcement is also insisting that his son fight what he believes to be a bogus ticket.

“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.”

Continue reading "Accused speeder to cops: My GPS proves your radar gun is wrong" »

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An 18 year old Garden Grove resident was arrested for allegedly driving under the influence of alcohol after he was in a California Car Accident in which his Toyota Camry went over a raised concrete divider on the 710 freeway. A 24 year old male passenger in the car from Anaheim was declared dead at the scene according to an article published on the presstelegram.com website.

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.

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In a decision that will likely weigh strongly on defendants in future personal injury cases, a California Court of Appeal recently concluded a 6-year-old case by upholding a bad-faith judgment against Farmers Insurance Exchange. In the opinion, written by Justice Madeleine Flier, the court upholds the Superior Court’s judgment; a jury verdict awarding damages of $10 million has been reduced to around $3 million, however. http://www.metnews.com/

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.

Continue reading "Farmers Insurance Bad Faith Verdict Upheld, But Punitive Damages Reduced" »

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We recently became aware of a unique auto accident that occurred in New Jersey last month. Apparently, an elderly woman was cruising down the Garden State Parkway when she suddenly noticed a turtle crawling across the road in front of her. She frantically swerved to avoid the animal, and in so doing, caused her car to fly over the embankment on the side of the road. Luckily, she was wearing a seatbelt and escaped with only minor injuries. Ironically, the driver following her car did not see the turtle, and promptly flattened the creature as the woman veered off the road.

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.

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While any auto accident is sobering, those involving children are especially disheartening. The greater Bay Area experienced a rash of such accidents over the past weekend, reminding all of us to be a little more careful when minors’ lives are at stake.

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

Continue reading "Children Inolved in Auto Accidents" »

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A recent study by UC-Irvine researchers suggests that the widely-held assumption that males are more likely to be involved in drunk driving accidents may be a myth. The incidence of young women’s involvement in these accidents has increased alarmingly, according to results of a study posted on UC-Irvine’s website.

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.

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Huntington Beach police recently arrested a 22-year old on suspicion of DUI and vehicular manslaughter, according to a news report in The Orange County Register.

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.

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The erratic driving of a 52-year-old diabetic man that triggered a fatal car accident last summer may have been caused by an insulin overdose, according to a May 18 news report in the San Jose Mercury News .

Officials charged the Paso Robles man with two counts of vehicular manslaughter after a ten month investigation. The charge states that the man was intoxicated and driving under the influence of insulin, certainly an unusual situation. According to a police report cited by the Mercury News, there was no evidence of other drugs or alcohol in Mayfield’s body.

The driver worked for Pacific Gas and Electric and was actually driving a company truck when he lost control and veered off the road, striking three cars waiting at a traffic signal. The cars exploded, killing two 20-year-olds, Mary Bernstein and Robert Conway, and injuring seven others. The driver of the truck faces 16 years and eight months in prison if convicted.

According to the Department of Motor Vehicles, about 3,000 of the state’s 22 million drivers had their license restricted or revoked because of high insulin intake in 2004 and 2005.

If the case goes to trial in either civil or criminal court, it is difficult to ascertain how much fault a prospective jury would find on the part of the driver and his employer, PG&E, since insulin is a prescribed drug and diabetes is typically a self-managed condition. What is clear is the magnitude of the tragedy for the family of the victims who died and were injured in the accident.

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We’re all guilty of it. Whether it’s making appointments, dialing into a conference call, or simply attempting to alleviate the monotony of a wearisome commute by catching up with friends, one cannot deny the convenience of being able to conduct one’s professional and personal life while driving thanks to the advent of the cell phone.

Carole Migden, a state senator from San Francisco, can attest to the fact that there is a price to pay for convenience. In an attempt to reach for her cell phone en route to a noon meeting in Marin County last Friday, the senator rear-ended another vehicle with her SUV at a red signal light intersection. While the senator escaped injury, the driver of the Honda sedan she hit was taken to a local hospital for minor injuries.

The National Highway Traffic Administration and the Virginia Tech Transportation Institute released a report last year, stating that about 80 percent of auto accidents and two-thirds of near crashes occur within three seconds of something distracting a driver, citing cell phone use as the most common distraction for drivers.

Continue reading "State Senator Involved in Car Crash: Cell Phone to Blame" »

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According to a report in the Ventura County Star, a Moorpark motorcyclist died last week in a manner all too familiar to Ventura County Sheriff’s Officials when he skidded off the road and was thrown off his bike.

Eduardo Altobelli rode his 2007 Kawasaki east on Walnut Creek Road near Arborhill Street in Moorpark on the afternoon of May 9 when he lost control on an S-shaped curve and went off the road, officials said. He was pronounced dead at a local hospital later that day after suffering multiple injuries.

In the past two years, 39 people have died in motorcycle crashes in Ventura County, according to records kept by the County Coroner’s Office. A majority of the motorcyclists who perished were men, most of them 35 years or older.

National statistics also seem to follow a similar trend in terms of gender and age. In 2002, the typical U.S. motorcycle owner was 38 years old according to a report from the Insurance Institute for Highway Safety (www.iihs.org).

Motorcycle accidents occur for a variety of reasons, including riding at too great a speed. Lack of awareness by other drivers with respect to other motorcycles on the road is also a significant factor. Unfortunately, motorcycle accidents are much more likely to be fatal than auto accidents, because a rider has very little in terms of protection other than a helmet and leathers.

For more information on our firm, please contact us at 800-840-2111.

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South Orange County will get a $1.2 million study that will attempt to alleviate congestion on Interstate 5 from north of the El Toro Y to San Clemente. Officials are now focusing on this stretch of the freeway because it has proven to be extremely dangerous over the years as the site of numerous accidents, including a particularly tragic one earlier this month that killed three young children. The children died when the minivan they were riding in was rear-ended by a big-rig loaded with electronic equipment.

According to an article in the Los Angeles Times , this will be the first major transportation study in 20 years in South Orange County, a surprising fact given the burgeoning population of Orange County. The constant stop-and-go traffic along that particular stretch of freeway increases the potential for rear-end accidents such as the one that occurred earlier this month.

The population in South Orange County has more than doubled in about 25 years. According to the Times, 205,000 people lived in the area in 1980. Now the area is populated by more than half a million.

This exponential growth is not unique to the area in question—it is found in many counties throughout California.

The number of accidents in South Orange County suggests that this transportation study is long overdue, but the situation is not unique to the area. Transportation planners have struggled for years to maintain the capacity of California’s freeways and interstates to handle the increased traffic caused by the massive influx of new residents to our state. Poor roadway design is also to blame in some instances.

For more information on our firm, please contact us at 800-840-2111.

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Street-racing caused a fiery multi-vehicle crash on the Long Beach Freeway May 5 that burned a Corvette to its frame and left three people in the hospital, according to a City News Service article posted on the Daily Breeze newspaper’s Web site.

The accident was reported at 10:06 p.m. on May 5 on the southbound Long Beach (710) Freeway near the Los Angeles River, according to the California Highway Patrol. The Corvette was allegedly racing a second car when one driver lost control, crashed into the other vehicle, and then crashed into a third car which was apparently not part of the race, a witness told the reporter. A passenger in a Mustang and a driver in a compact car were also taken to hospitals, a witness said.

Witnesses said the Corvette burst into flames rapidly after the crash.

Continue reading "Long Beach Injury Crash Apparently Caused by Street Racing" »

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At the risk of escalating some drivers’ highway phobias, it is fair to say that California roads are booby-trapped with all imaginable kinds of hazards, including the kitchen sink. Radio traffic advisors recently warned commuters to cautiously navigate a section of the San Mateo Bridge where a large plastic wash basin had fallen from someone’s vehicle and was blocking two lanes of traffic. Had someone stopped to pick that sink up, and were so inclined, in a matter of weeks he or she could virtually furnish a home with the smorgasbord of mattresses, sofas, and TV’s littering our highways.

To the Golden State’s residents, American Automobile Association’s 2004 report comes as no surprise: debris falling from vehicles causes more than 25,000 motor vehicle accidents in North America each year, with California leading the country in road-side litter. In fact, in recent years, California has averaged nearly 80 fatalities a year resulting from accidents caused by stray objects in the road.

What you can do: if you are out there on the highways, please drive defensively. Stay aware of your surroundings and be particularly cautious if you notice an overloaded or unsecured vehicle. If you’re carrying a load, only haul what you can handle and secure it well. Lost cargo, even when humorous, like today’s sink or the ostrich that got away on the Golden Gate Bridge a few years ago, can be extremely dangerous to other drivers.

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