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8-year-old Boy Dies in Swimming Pool Accident

Tori Pen — Thu, 02 Sep 2010 23:32:06 +0000

Christian Cruz, 8, died after a swimming pool accident a few days after he was found unresponsive in a backyard pool. According to a news report in the Inland Valley Daily Bulletin, Christian was found the evening of August 18, 2010 in a pool in the 1600 block of Elma Privado in Ontario. His mother and another adult had already begun administering CPR when firefighters arrived at the home. Officials say Christian was in the water only briefly. He was transported to a regional hospital, but died from his injuries about four days later.

I offer my deepest condolences to the family and friends of Christian Cruz for what they are going through at this time. Please keep this family in your thoughts and prayers.

Swimming Pool Accident Statistics

According to statistics released in May 2010 by the U.S. Consumer Product Safety Commission (CPSC), from 2005 to 2007, there was an annual average of 385 pool and spa-related drowning incidents for children younger than 15. About 78 percent of these children were younger than 5. From 2007 to 2009, there were 4,200 incidents involving emergency department-treated drowning and near drowning incidents in the country for children under the age of 15.

Also, about 54 percent of the estimated injuries from 2007 to 2009 and 74 percent of swimming pool deaths involving children under 15 occurred at a residence. Near-drowning incidents can also be extremely serious and result in catastrophic brain injuries.

Safety and Liability Issues

This swimming pool accident is a sad reminder to all of us that it is not just young children such as infants or toddlers who are at risk in the pool, but also older children. Irrespective of your child's age or his or her proficiency as a swimmer, it is critical for parents to supervise their children in a pool. As this tragic incident shows, it doesn't take too long for a child to slip under the water and suffer a silent death. It could happen within seconds.

If a visiting child is injured or killed in your backyard swimming pool, you could be held liable for the accident and resulting injuries. If you are having a pool party, insist that the parents stay to supervise their children. Otherwise, if you are able to, hire a certified lifeguard who will keep a watch during the party. If your child has been injured in a swimming pool accident as a result of someone else's negligence, please contact an experienced California personal injury lawyer to get more information about your legal rights and options.

Do you supervise your children at all times when they are in the swimming pool?

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.

8-year-old Boy Dies in Swimming Pool Accident is a post from: Personal Injury Attorney News Portal

Car Accident Involving Red Light Runner Injures Four

Ryan — Tue, 24 Aug 2010 23:48:29 +0000

Four people were injured in a car accident after a driver ran a red light and hit two other cars. According to a news report in the Ledger-Dispatch, the fatal car accident occurred the afternoon of August 15, 2010 on southbound Highway 49 at Industrial Boulevard in Amador County. California Highway Patrol officials say Louise Henderson, 77, and 85-year-old Mary Leskey were traveling in a 2000 Nissan, when Henderson drove through a red light. She struck a 2006 Honda driven by 54-year-old Debra Mayer. Then the Nissan hit a 1994 Chevrolet. Leskey and Henderson sustained serious injuries while Mayer and 84-year-old Ethel Beckes, a passenger in the Chevy, sustained non-life-threatening injuries.

I hope no one sustained catastrophic injuries in this crash. I wish them all the very best for a quick and complete recovery.

Elderly Drivers

This incident reminds us, yet again, about the important issue of our aging driving population. California now has almost 3 million drivers who are 65 years or older, according to the Department of Motor Vehicles. A recent study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety finds fatality rates for drivers begin to climb after age 65. In 2005, about 11 percent of fatal car accidents in the United States had involved drivers 65 or older.

Laws and Liability Issues

Based on this news report, it appears that the elderly driver in this case, ran a red light at the intersection, which is a serious traffic violation. 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."

If Henderson is determined to have been at fault for this accident, she could be held liable for the accident and injuries caused to others including her own passenger. Injured victims in such cases can seek compensation to cover medical expenses, loss of wages, cost of hospitalization, rehabilitation and other related damages. The best California personal injury lawyers will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Do you have an elderly family member still driving? What are some of your major concerns about them continuing to drive?

Car Accident Involving Red Light Runner Injures Four is a post from: Personal Injury Attorney News Portal

Arrest Made in Fatal California Car Accident

Tori Pen — Fri, 20 Aug 2010 22:06:17 +0000

A 39-year-old man has been arrested in connection with a car accident, which fatally injured motorcyclist Paul John Hendrickson, 54. According to a news report in the Appeal Democrat, the fatal accident in May occurred at the intersection of Highway 20 and Acacia Avenue in Sutter County. Hendrickson was westbound on the highway when Gary Lee Defraga made a left turn in front of the motorcycle. Hendrickson was killed and his passenger, 49-year-old Debra Ann Campbell, sustained major injuries. Defraga is has been charged with vehicular manslaughter and failing to yield.

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I offer my deepest condolences to everybody who knew and loved Paul Hendrickson for their tragic and heartbreaking loss. I hope Campbell is recovering from her severe injuries. Please keep these victims and their families in your prayers.

Right-of-Way Laws

Based on this news report, it appears that the driver failed to yield right-of-way in to the motorcyclist. California Vehicle Code Section 21801 (a) states: "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety." It is not clear why Defraga failed to see the oncoming motorcyclist while making a turn.

Dangerous Intersection?

In addition, the news report also states that the intersection where this fatal motorcycle accident took place has the reputation of being a dangerous intersection. In April 2009, 48-year-old Timothy Lamb died when the motorcycle he was riding was hit head-on by an SUV driven by Tiffany Fernandez. She was charged with misdemeanor vehicular manslaughter.

Following Hendrickson's death, Sutter County officials have said that a four-way traffic light could be installed at this intersection as early as 2012. The lighted intersection will create protected turns for motorists who try to avoid the intersection because there is the danger of pulling onto the highway in front of vehicles traveling at speeds of 60 mph.

Government Liability

In such cases, victims and their families would be well-advised to seek the counsel of an experienced California personal injury lawyer, who will analyze all aspects of the incident and make sure that the negligent parties are held accountable. A skilled car accident lawyer will also be able to determine whether a dangerous or defective roadway caused or contributed to a crash. If that was the case, the governmental agency responsible for maintaining that roadway could also be held liable. Under California Government Code section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.

What are some of the most dangerous roadways for motorists in your city or neighborhood?

Arrest Made in Fatal California Car Accident is a post from: Personal Injury Attorney News Portal

Teenager Injured In Bicycle Accident

Tori Pen — Fri, 13 Aug 2010 22:19:34 +0000

A 17-year-old boy riding his bike was injured in a car accident after he was hit by a vehicle the afternoon of August 9, 2010. According to a news report in The Foothills Sun-Gazette, the injury collision occurred at the intersection of Rocky Hill Drive and Kaweah Avenue near Exeter High School in Exeter, California.

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The boy was riding his bicycle west on Rocky Hill Drive when a Chrysler PT Cruiser traveling north on Kaweah Avenue struck him. The PT Cruiser was going at about 35 mph. The teenager was knocked unconscious, rolled onto the hood of the PT Cruiser and cracked the front windshield. His injuries, however, were not life-threatening. No arrests have been made in connection with this incident pending an official investigation.

My thoughts and prayers are with this bicycle accident victim. I'm relieved to hear that his injuries were not life-threatening. I sincerely hope he recovers quickly and completely from his injuries.

Bicycle Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but one injury involving bicycle accident in Exeter. In Tulare County as a whole one person died and 90 were injured as a result of bicycle accidents during the same year.

Right-of-Way Issues

It is unclear from this report what caused this bicycle accident. Who had the right-of-way at that intersection? It appears that one of the vehicles, either the PT Cruiser or the bicycle may have failed to yield-right-of-way. According to California Vehicle Code section 21800(a): "The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway." I trust officials are also looking into whether the motorist was impaired, distracted, speeding or otherwise negligent at the time of the collision.

Liability Issues

If the driver of the PT Cruiser is determined to have been at fault, then, he or she could be held liable for the victim's injuries. Victims or their families in such cases would be well-advised to contact an experienced California personal injury lawyer, who will stay abreast of the investigation and make sure that their legal rights are preserved. A skilled car accident attorney will also be able to determine if there was a dangerous condition on this roadway, which led to this injury collision. If that was the case, the city or school district could also be held liable for allowing such as dangerous condition to exist. Please remember that any personal injury claim against a governmental entity in California must be filed within 180 days of the incident.

Do your children wear helmets when they ride their bikes at all times?

Teenager Injured In Bicycle Accident is a post from: Personal Injury Attorney News Portal

Coast Guard to Come Up With a Policy to Ban Wireless Devices on Boats

Tori Pen — Thu, 12 Aug 2010 23:22:04 +0000

The National Transportation Safety Board (NTSB) has revealed that crew members on board two U.S. Coast Guard boats involved in boating accidents in California and South Carolina may have been using wireless devices for personal conversations and texting just before the crashes. The collision on December 20, 2009 in the San Diego Bay's Parade of Lights killed 8-year-old Anthony Cole DeWeese and seriously injured four others. In that case, the Coast Guard boat with a crew of five collided with a 24-foot pleasure boat. In both cases, NTSB investigators say, Coast Guard crew members were using the communications devices for personal purposes.

Distracted Operation Possible in Fatal Boat Crash

So far, the NTSB has not determined the cause in either the San Diego or South Carolina crashes. But the federal agency is urging the U.S. Coast Guard to develop a thorough policy on the use of wireless devices by their own members and to issue a safety alert to the maritime industry.

The Coast Guard did issue a policy last month, which prohibits the use of the devices by the boat operator, who is the person at the wheel and the throttles. The policy also bans cell phone use on the part of crew members, unless such use is specifically approved by the boat operator.

Prior Incidences of Distracted Driving

This is not the first catastrophic crash involving cell phone use or texting. There have been many on our roadways and railroads nationwide. In September 2008, 25 people died and many others were injured in a Metrolink train accident in Chatsworth because a train engineer who was texting moments before the crash ran a red light and crashed the commuter train into a freight train. According to the National Highway Traffic Safety Administration (NHTSA), all forms of distracted driving caused 515,000 personal injuries and 5,870 fatalities in 2008 on our nation's roadways.

Need for Comprehensive Policies

It is indeed tragic that the death of the little boy and those serious injuries were possibly caused by the distracted boat operation of Coast Guard officials. I find it difficult to understand why the U.S. Coast Guard does not already have a comprehensive policy in place relating to distracted boat operation and the use of wireless devices for personal use in Coast Guard vessels. How many innocent victims must be killed and how many must suffer pain and injuries for these policies to go into effect? If you have been injured in any type of accident involving a distracted operator, please contact an experienced California personal injury lawyer to get more information about your legal rights and options.

Have you had close calls on the road because of distracted drivers?

Coast Guard to Come Up With a Policy to Ban Wireless Devices on Boats is a post from: Personal Injury Attorney News Portal

Pedestrian Accident in Tulare Kills One

Ryan — Tue, 10 Aug 2010 23:07:21 +0000

A pedestrian sustained fatal injuries in a car accident after being hit by a vehicle in Tulare the night of August 8, 2010. According to a news report in The Fresno Bee, the pedestrian was walking in the northbound lane of West Street north of Zumwalt Avenue when a northbound 1999 Volkswagen Jetta driven b y 19-year-old Tessa Wilker struck the person. Wilker told California Highway Patrol officials that she did not see the pedestrian on the street until it was too late. The pedestrian, whose name was not released, died at the scene. Wilker sustained minor injuries. An investigation is ongoing.

I offer my deepest condolences to the family and friends of this deceased accident victim. Please keep them in your thoughts and prayers.

Pedestrian Accidents

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 15 injuries reported as a result of pedestrian accidents in Tulare. Countywide, nine people died and 88 were injured as a result of pedestrian accidents during the same year.

Accident Causes

Based on this news report, it is not clear how or why this crash occurred. There are still several unanswered questions here. Where was the pedestrian walking at the time? Was he or she in a crosswalk or in traffic lanes? How fast was Wilker going at the time of the collision? Was Wilker distracted, impaired or negligent in any other way? Was there a dangerous condition on the roadway, which may have caused or contributed to this fatal collision? I trust officials are looking into these and other issues in order to determine the cause of this accident.

Liability Issues

Motorists are required under the law to stop and yield right-of-way to pedestrians in marked or unmarked crosswalks. However, pedestrians also have the duty to follow the rules of the road and not walk in the path of vehicles. If the driver in this case is determined to have been at fault, she could in addition to facing criminal charges, also be held civilly liable for the pedestrian's wrongful death.

Families of deceased victims in these cases would be well-advised to seek the counsel of an experienced California personal injury lawyer, who will analyze all facets of the crash and make sure that the negligent parties are held accountable for their actions. A skilled car accident attorney will also be able to determine whether a dangerous or defective roadway caused or contributed to the accident. If that was the case, the governmental entity responsible for maintaining that roadway could also be held liable. Under California Government Code section 911.2, any personal injury or wrongful death claim against a public entity must be properly filed within 180 days of the incident.

What are some of the most dangerous roadways for pedestrians in your city or neighborhood?

Pedestrian Accident in Tulare Kills One is a post from: Personal Injury Attorney News Portal

Nursing Home Abuse in Northern California Facility Leads to Arrests

Tori Pen — Thu, 05 Aug 2010 23:05:47 +0000

Six employees at a Northern California elder care facility were arrested on suspicion of abusing nursing home residents. Prosecutors say the nursing home employees covered several elderly patients with cream to make them slippery as part of a prank on their co-workers, the Associated Press reports. The arrests were announced by California Attorney General Jerry Brown this week. Brown rightly calls the alleged abuse "despicable behavior."

Employees Fired Following Abuse

The patients involved in the incident at the Valley View Skilled Nursing Facility in Ukiah suffered from dementia. They were not even able to comprehend what was being done to them, officials say. All six employees involved have been fired and face one misdemeanor charge each of injury to elder or dependent adult, battery committed on an elder, conspiracy and battery committed while on hospital property.

My heart goes out to these elderly victims who have been subjected to this abuse, as well as their families. These were helpless, vulnerable seniors who were unable to care for themselves! If the employees are found guilty of the charges, I sincerely hope they will face stiff punishment. These victims and their families will be in my prayers.

Holding Wrongdoers Accountable

The actions of these nursing home employees are appalling. But it also makes you wonder how they get hired into a facility that calls itself a skilled care facility. What were these employees' qualifications? How much experience did they have before coming to work there? Did the nursing home run any background checks? Who was their supervisor? Did the supervisors in the facility have any knowledge of this "prank?"

Is this the first time such an incident has occurred at this particular nursing home? Something tells me this may not have been the first time these employees or their co-workers may have been involved in such shenanigans. I hope the investigation by the Attorney General's office takes an in-depth look at all these issues. If the nursing home has allowed such abuse to happen on a consistent basis, the nursing home should be held accountable for the treatment of its residents as well. Not being aware of what their employees do is not an excuse for nursing administrators. The fact that they allowed this horrible abuse to take place is, in itself, a violation of their customers' trust.

The families of these victims would be well-advised to contact an experienced California personal injury lawyer, who will go after the wrongdoers as well the nursing home administrators who allowed the abuse to take place.

Do you have a loved one in a nursing home? What are some of your biggest concerns about how they are treated at the facility?

Nursing Home Abuse in Northern California Facility Leads to Arrests is a post from: Personal Injury Attorney News Portal

Lawsuit Alleges that Greyhound Bus Driver was Speeding before Fatal Accident

Ryan — Mon, 02 Aug 2010 23:39:50 +0000

The daughter of Greyhound bus driver James Jewett, who was killed in a bus accident that also killed five others and injured many more, is defending her father amid allegations that he may have been speeding moments before the July 22, 2010 collision. According to a news report in The Fresno Bee, Jewett has been named in a personal injury lawsuit filed by six bus passengers who were injured in the crash.

The fatal accident occurred when the bus collided with an overturned SUV on Highway 99. Investigators have determined that the three SUV occupants were alive when the bus hit their vehicle and that the 19-year-old driver of the SUV, Sylvia Lopez Garay, was intoxicated at the time. Garay and two other female passengers in the SUV also died in the collision.

The Issue of Unsafe Speed

Attorneys for the plaintiffs allege that Jewett was rushing and traveling at an unsafe speed moments before the crash because the bus, which was on its way from Los Angeles to Sacramento, was running late. One of the victims who sustained personal injuries in this crash also told the media that Jewett simply did not "look right" to him. Other passengers have come forward to say that the bus was traveling at more than 70 mph in a 65-mph zone moments before the collision. One passenger says he even left his seat to ask Jewett to slow down.

Toxicology reports released by California Highway Patrol officials have revealed that Jewett was not under the influence at the time of the collision. Authorities are still looking into the speed of bus. Greyhound has not said much about the crash other than Jewett was their long time employee and will be missed. It is also not clear whether the bus was equipped with a speed-tracking device. Jewett's daughter has defended her father saying that he would never speed, not even in his personal vehicle.

Protecting Victims' Rights

In any bus accident case, it is important that injured victims or families of deceased victims get an experienced California personal injury lawyer on their side immediately. Investigations of such cases can be complex. As we speak, accident investigators in this case are looking into whether speed, impairment, driver fatigue or vehicle maintenance were issues here. The official investigation could take months to be completed. However, it is in the best interests of the victims and their families to have a knowledgeable attorney working for them and ensuring their legal rights and best interests are protected.

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

Lawsuit Alleges that Greyhound Bus Driver was Speeding before Fatal Accident is a post from: Personal Injury Attorney News Portal

Victims of Deadly Greyhound Bus Crash in Fresno Identified

Ryan — Fri, 23 Jul 2010 22:46:16 +0000

Officials have identified six people who died in a horrific Greyhound bus accident on Highway 99 in Fresno, the morning of July 22, 2010, as 57-year-old James Charles Jewett, the bus driver; Epifania Solis, 60, of Madera and Tomas Ponce, 79, of Mexico, both bus passengers; Stephenie Cordoba, 20, of Fresno, Vanessa Gonzalez, 19, of Fresno and Sylvia Lopez Garay, 18, of Dinuba. Cordoba, Gonzalez and Garay were occupants of a Chevy Trailblazer SUV that had initially rolled over before being struck by the bus, which was traveling from Los Angeles to Sacramento.

I offer my deepest condolences to the families and friends of these deceased victims for their tragic and devastating losses. I also sympathize with 34 others who have sustained personal injuries in this bus crash. I pray for their speedy and complete recovery.

Ongoing Investigation

Officials are now investigating what caused the initial accident involving the Chevy SUV and subsequently, what caused the driver to strike the SUV and crash. The bus, after striking the SUV, went off the right shoulder of the roadway and plowed into a tree. The driver, Jewett, has no record of prior driving violations and is a respected long-time employee of Greyhound, officials said.

Investigators are in the process of examining the driver's logs, speed at the time of collision and hours-of-service records to determine whether fatigue or negligence may have played a part in this early morning crash. So far, there is no indication that drugs or alcohol played a part. Officials are looking into why the Trailblazer crashed and overturned and who the driver was. They believe the women in the SUV were alive when the bus hit the vehicle. Investigators are also looking into whether the overturned SUV was visible to the bus driver at the time.

Fault and Liability

This is an extremely important investigation because the facts of this case will determine liability and how the victims and their families will be compensated for their injuries damages and loss. I'm sure that Greyhound's lawyers and insurance carriers are working hard at this time to protect the company's interests. The victims of this bus crash and their families need an experienced California personal injury lawyer on their side who will stay on top of this investigation, fight for their rights and protect their best interests.

In your opinion, what are some of the biggest challenges for the victims of this horrific crash?

Victims of Deadly Greyhound Bus Crash in Fresno Identified is a post from: Personal Injury Attorney News Portal

Hit-and-Run Collision Injures Driver

Tori Pen — Wed, 30 Jun 2010 23:46:58 +0000

A woman was injured in a car accident after her vehicle was struck by a van, which officials say, ran a stop sign. According to a news report in the Record-Bee, the accident occurred at the intersection of Country Club Drive and 10th Street in Clearlake the afternoon of June 24, 2010. Clearlake police officials said 46-year-old Richard Alan was driving a Chevy Astro van, when he ran a stop sign and struck a Mitsubishi Eclipse that was going west on Country Club. The female driver of the Eclipse was injured, but she is expected to survive. Olivieri, who left the scene of the accident by foot, was arrested shortly afterward on suspicion of hit-and-run.

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I'm relieved to note that the driver of the Mitsubishi was not seriously injured in this crash. I wish her the very best for a speedy and complete recovery from her injuries.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 27 injuries involving car accidents in Clearlake. In Lake County as a whole, 14 people died and 292 were injured as a result of car accidents in 2008.

Law Violations

Based on this news report, it appears that Olivieri not only ran a stop sign at the intersection and crashed into the Mitsubishi, but also left the scene of the accident. Hit-and-run is a serious crime under California law. California Vehicle Code 20001 (a) states: "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." Running a stop sign is also a serious traffic violation under California Vehicle Code section 21802 (a).

Liability Issues

If Olivieri is determined to have been at fault here, then, he could be held criminally and civilly liable for the accident and resulting injuries. In such cases, injured victims can seek compensation to cover medical expenses, loss of wages, cost of hospitalization, rehabilitation and other related damages.

An experienced California personal injury lawyer will be able to advise injured victims about their legal rights and options in such cases. A knowledgeable car accident lawyer will also be able to inform victims about how their own auto insurance policy might apply to a hit-and-run crash or to an incident where the at-fault driver is uninsured or underinsured.

What are some tactics you use to stay clear of dangerous drivers on the roadway?

Hit-and-Run Collision Injures Driver is a post from: Personal Injury Attorney News Portal