» Wrongful Death

California Couple Killed in Oregon Car Accident

Ryan — Tue, 07 Sep 2010 23:22:32 +0000

Don Barton, 66, and his 62-year-old wife, Donna, of California, were killed in a car accident in Oregon, which officials say, was caused by a suspected drunk driver the night of September 2, 2010. According to a report in the Herald News, the fatal injury crash occurred when a 2009 Toyota Corolla driven by 22-year-old Carrie Ames crossed the centerline on the Southside Bypass in Klamath County and collided with the Bartons' 2000 Dodge Stratus.

The Bartons died at the scene of this horrific accident and their 6-year-old great-grandson, Daba Phillips, who was secured in a booster seat in the Dodge, was airlifted in critical condition to an area hospital. Ames' passenger, 18-year-old Jackie Mankins, sustained minor injuries. Ames has been charged with two counts of first-degree vehicular manslaughter, DUI, second-degree assault and third-degree assault.

DUI Statistics

According to the National Highway Traffic Safety Administration (NHTSA), out of the 416 fatal Oregon traffic accidents in 2008, 159 or 38 percent were DUI collisions. Also, out of the 159 alcohol-related collisions, 136 or 33 percent involved a blood alcohol level of 0.08 percent.

Oregon DUI Law

Under the Oregon Vehicle Code Section 813.010: "A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: (a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150; (b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or (c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

Liability Issues

Drunk drivers in Oregon face not only criminal charges, but they can also be held civilly liable for injuries, damages and losses caused. Families of deceased car accident victims can file a civil wrongful death claim seeking damages to cover medical and funeral costs, lost future income, loss of love and companionship, and other related damages.

Injured victims or their families could seek compensation to cover medical expenses, loss of wages, cost of hospitalization, surgeries, rehabilitation and other related damages. An experienced Oregon personal injury lawyer will be able to advise victims and their families in such cases about their legal rights and options. For more information about the dangers of driving under the influence, please visit the Mothers Against Drunk Driving web site at www.madd.org.

Do you believe Oregon laws do enough to prevent drunk drivers from getting behind the wheel?

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.

California Couple Killed in Oregon Car Accident 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

San Bernardino Car Accident Kills Man in Wheelchair

Ryan — Wed, 11 Aug 2010 23:20:44 +0000

Louis Chambers, 60, was killed in a San Bernardino car accident after he was struck by a vehicle at a local intersection, the night of August 9, 2010. According to a news report in The San Bernardino Sun, the fatal pedestrian accident occurred near the intersection of Ninth Street and Grove Avenue, in Upland. Chambers was in his wheelchair at the intersection when a 2004 Toyota Corolla struck him. Chambers was transported to a local hospital where he died shortly after the collision. Officials say there is no indication, based on preliminary investigation, the driver of the Corolla was under the influence at the time.

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My heartfelt condolences go out to the family and friends of Louis Chambers. This grieving family will certainly be in my thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 16 injuries reported due to pedestrian accidents in Upland. In San Bernardino County, 39 people died and 432 were injured as a result of pedestrian accidents during the same year.

Pedestrian Laws

Based on this news report, it is not exactly clear where Chambers was at the time of the crash. Was he attempting to cross the road at the intersection? Was he on the side or shoulder of the road?

California law requires motorists to yield right-of-way to pedestrians in crosswalks. People in wheelchairs are considered pedestrians under California law. California Vehicle Code section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk "shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."

Liability Issues

If the investigation determines that the driver of the Corolla was at-fault for the incident, he or she could be held liable for Chambers' wrongful death. Where negligence or wrongdoing is involved, families of deceased accident victims can file a wrongful death claim, seeking compensation to cover medical and funeral expenses, lost future income, loss of love and companionship, and other related damages. The best San Bernardino personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

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

San Bernardino Car Accident Kills Man in Wheelchair 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

Fatal Riverside Car Accident

Tori Pen — Wed, 28 Jul 2010 23:32:54 +0000

A 73-year-old man, identified by the County Coroner as George Batsakes, was killed in a Riverside car accident after his car was broadsided by a Verizon work truck at a Palm Springs intersection. According to a KPSP news report, the fatal wreck occurred the morning of July 27, 2010 at the intersection of Dinah Shore Drive and Crossley Road.

Batsakes was the driver of a sedan, which according to initial reports, ran a red light at the intersection and collided with the Verizon truck. Batsakes was killed. The driver of the Verizon truck also sustained non-life-threatening injuries. Investigators do not believe alcohol was involved.

I offer my deepest condolences to the family and friends of George Batsakes for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Car Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were eight fatalities and 340 injuries involving car accidents in Palm Springs. In Riverside County as a whole, 220 people died and 8,561 were injured as a result of car accidents in 2008.

Red Light Violation

Based on preliminary reports, officials are saying that this broadside crash occurred because Batsakes ran a red light at the intersection. 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."

Fault and Liability

If it is determined that Batsakes was at fault, then the other driver can claim compensation from Batsakes' estate and insurance for his injuries and losses. In addition, the work truck driver can also claim worker's compensation benefits from his employer because he was on-the-job at the time of the collision. If the course of the investigation changes over time and if it is determined that the driver of the Verizon truck was at fault, then he and his employer can be held liable for Bastakes' wrongful death.

Injured victims or their families in such cases would be well-advised to contact an experienced Riverside personal injury lawyer, who will stay on top of the official investigation and make sure that their legal rights and best interests are protected. The best personal injury law firms will always offer a free consultation and comprehensive claim evaluation to injured victims and their families.

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

Fatal Riverside Car Accident is a post from: Personal Injury Attorney News Portal

Riverside Car Accident Injures Four

Tori Pen — Wed, 21 Jul 2010 22:35:52 +0000

Four people were injured, two seriously, in a Riverside car accident after two vehicles were involved in a head-on collision. According to a news report in The Desert Sun, the fatal crash occurred the morning of July 17, 2010 on the 10 Freeway near Desert Center when a vehicle going east on the freeway went into the westbound lanes and collided head-on with another vehicle. California Highway Patrol officials said two were in critical condition and one other person sustained moderate injuries. The fourth victim sustained minor injuries. No arrests have been made pending an official investigation.

My heart goes out to those who were injured in this horrific crash, especially the critically injured victims. I wish all the injured victims the very best for a speedy and complete recovery. Please keep them in your thoughts and prayers.

Car Accidents

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 121 fatalities and 2,615 injuries as a result of car accidents in the unincorporated areas of Riverside County. Also, countywide, 220 people died and 8,561 were injured as a result of car accidents during the same year.

Cause of the Accident

Based on this news report, it is not quite clear why one of the drivers crossed into opposing lanes of traffic. There are several questions here at this point. Was the driver under the influence of alcohol and/or drugs? Was he or she distracted or speeding at the time of the incident? Was the driver fatigued or falling asleep at the wheel when the accident occurred? Was the driver negligent in any other way? I trust officials are closely examining these and other issues in order to pinpoint the cause of the accident and who was at fault.

Fault and Liability

In such cases, it is very likely that the at-fault driver will face criminal charges especially if some type of negligence or wrongdoing is involved. Injured victims in such cases can seek compensation from the at-fault driver to cover medical expenses, loss of earnings, cost of hospitalization, rehabilitation and even long-term care and medical treatment. Should the incident result in death, the family members of the deceased accident victim can file a wrongful death claim seeking compensation for funeral expenses, lost future earnings, loss of love and companionship and other related damages.

Victims or their families would be well-advised to consult with an experienced Riverside personal injury lawyer, who will analyze all aspects of the incident and make sure that the negligent parties are held accountable. A knowledgeable car accident lawyer will also advise victims and their families about how their own car insurance policy might apply to an incident where the at-fault driver is uninsured or underinsured.

In your opinion, what are the biggest dangers facing motorists today?

Riverside Car Accident Injures Four is a post from: Personal Injury Attorney News Portal

Guilty Plea Entered in Garden Grove Car Accident

Ryan — Tue, 20 Jul 2010 23:15:54 +0000

A man has pleaded guilty to vehicular manslaughter in connection with a fatal Garden Grove car accident that killed 64-year-old Mukhtar Bagum on July 19, 2008. According to a news report in The Orange County Register, Eduardo Orozcoaguilera, 27, pleaded guilty to felony hit-and-run and vehicular manslaughter in addition to an enhancement for fleeing the scene of a crime.

He is expected to get a seven-year prison sentence on October 4. Prosecutors said Orozcoaguilera was speeding and swerving in and out of lanes and eventually crashed into the 2004 Toyota Sequoia carrying Bagum on the 22 Freeway. Orozcoaguilera initially fled the scene, but later admitted he was the driver. Bagum sustained fatal head injuries and died at the scene.

My heart goes out to everybody who knew and loved Mukhtar Bagum for their devastating loss. They will be in my prayers. I'm pleased that Orozcoaguilera has admitted his guilt and is ready to accept his punishment. I trust the court will give him the maximum punishment under the law.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 12 fatalities and 717 injuries involving car accidents in Garden Grove. In Orange County as a whole, 152 people died and 13,414 were injured as a result of car accidents during the same year.

Vehicular Manslaughter and Hit-and-Run

This case is an example of how reckless driving and failure to follow the law can have serious consequences. Orozcoaguilera faced vehicular manslaughter charges for speeding and driving recklessly without a concern for public safety. At the same time, he also faced serious charges of felony hit-and-run plus an enhancement because he left the scene of the crash without taking responsibility for it.

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."

Wrongful Death Claim

In such cases where negligence or wrongdoing is involved, families of deceased car accident victims can file a wrongful death claim seeking compensation to cover medical or funeral expenses, loss of future earnings, cost of hospitalization, rehabilitation and other related damages. An experienced Garden Grove personal injury lawyer will be able to advise families about their legal rights and options in such cases.

What are some precautions you take on the road to guard against reckless drivers?

Guilty Plea Entered in Garden Grove Car Accident is a post from: Personal Injury Attorney News Portal

Toddler Killed in San Diego Car Accident

admin — Wed, 14 Jul 2010 23:47:54 +0000

Jameson Darapheth, a 4-year-old boy was fatally injured in a San Diego car accident the afternoon of July 9, 2010 after he was struck by a car in Encanto. According to a news report in the San Diego Union-Tribune, the boy was watched by his 12-year-old brother at the time. The older boy went across the street to get their puppy when the toddler ran behind him and was struck by a Chevy Malibu. Jameson was transported to a local hospital where he died. The 19-year-old car driver, Samuel Metu, reportedly left the scene momentarily, but returned. He was arrested a little later under suspicion of hit-and-run. Police believe speed, drugs or alcohol did not play a part in this crash.

I offer my deepest condolences to the family and friends of Jameson Darapheth. Please keep this family in your thoughts and prayers.

Pedestrian Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System, there were 63 deaths and 998 injuries as a result of pedestrian accidents in San Diego County. In the unincorporated areas of the county, 13 people died and 80 injuries were reported due to pedestrian accidents in 2008.

Laws and Liability Issues

Based on this news report, it appears that the child may have run out in the path of the Chevy Malibu. Neighbors also say that speeding is a common problem on the street. It is not yet clear whether this accident is the fault of the child or the driver who struck him. There are several questions here. Was the driver traveling too fast? Why did the driver fail to stop the car once he saw the children crossing the road? Was the driver impaired, distracted or otherwise negligent? I trust officials are examining these and other issues closely in order to determine what occurred here and why.

The driver also initially failed to stop at the scene of the crash, which is illegal 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."

If the motorist is found to have been responsible, he can be held liable for the wrongful death of the 4-year-old. An experienced San Diego personal injury lawyer will help victims and their families protect their legal rights and best interests. A skilled car accident lawyer will also help determine whether a dangerous roadway condition caused the crash. If that was the case, the city or governmental agency responsible for maintaining the roadway could also be held liable. Under California Government Code section 911.2, any claim against a governmental agency must be filed within six months of the accident or injuries.

We would like to hear your tips and suggestions about keeping young children safe on the roadways.

Toddler Killed in San Diego Car Accident is a post from: Personal Injury Attorney News Portal

Family Seeks Answers in Fatal Los Angeles Dump Truck Accident

Tori Pen — Thu, 24 Jun 2010 18:13:28 +0000

Karl Weichinger, 78, was killed in a truck accident on the Los Angeles River bike path after he was hit by a dump truck that was backing up. According to a news report in the Los Angeles Times, Weichinger was walking on the path the afternoon of June 1, 2010 near Elizabeth Street, when he was struck by the dump truck. Weichinger was transported to a nearby hospital where he was pronounced dead. The truck driver told officials that he did not see Weichinger. But Weichinger's family and friends are convinced that workers in the area were driving too fast and too recklessly at the time. At this point they are seeking answers in the death of their loved one.

I offer my deepest condolences to everyone who knew and loved Weichinger for their profound loss. Such a loss becomes even more devastating when families of deceased victims don't have answers or do not have a sense of closure. I pray that this family gets their questions answered.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 104 deaths and 2,716 personal injuries involving pedestrian accidents in Los Angeles. Countywide, 214 people died and 4,985 were injured as a result of pedestrian accidents during the same year.

Fault and Liability

Based on this news report, officials are saying that there were hardly any eyewitnesses to this accident. Traffic investigators say they have received some reports that workers were driving too fast in the area at the time, but so far they have not interviewed anyone to substantiate those statements. The driver worked for a company called All American Asphalt. Officials apparently also inspected the truck and found there was no evidence that it was traveling at more than 5 mph.

I hope for this family's sake that more witnesses come forward to describe exactly what happened. If the driver was operating the dump truck recklessly or negligently at the time, then he and his employer could be held liable for Weichinger's wrongful death. The family would be well-advised to retain an experienced Los Angeles personal injury lawyer who will stay on top of this investigation and ensure that their legal rights and best interests are protected.

What are some of your experiences with close calls at construction zones?

Family Seeks Answers in Fatal Los Angeles Dump Truck Accident is a post from: Personal Injury Attorney News Portal

Orange County Motorcycle Accident Proves Fatal for Man

Tori Pen — Tue, 22 Jun 2010 17:37:32 +0000

Charles Park, 40, was killed in a motorcycle accident in Tustin after veering off the road and being struck by several other vehicles. According to a news report in The Orange County Register, the fatal motorcycle crash occurred on the southbound 55 Freeway to the southbound 5 Freeway transition early morning on June 20, 2010. California Highway Patrol officials said they are looking into what caused this fatal accident.

I offer my deepest sympathies to everyone who knew and loved Charles Park for the devastating loss they have suffered. Please keep them in your thoughts and prayers.

Motorcycle Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there was one fatality and 24 injuries involving motorcycle accidents in Tustin. In Orange County as a whole, 35 deaths and 801 injuries were reported as a result of motorcycle accidents during the same year.

Possible Causes of the Accident

Based on this news report, it is not exactly clear how or why this crash occurred. Was there a vehicle defect or mechanical malfunction in Park's motorcycle, which led to this fatal crash? Was there a dangerous or defective condition on the roadway, which may have caused Park to veer off the roadway? Were there any other vehicles involved? For instance, was Park run off the roadway by another driver? I trust officials are carefully looking into these and other issues in order to determine exactly what caused this fatal crash.

Liability Issues

If this crash was the result of an auto product defect, then the auto maker or the manufacturer of the defective product can be held liable. If a dangerous condition on the roadway caused this crash, then the governmental agency responsible for maintaining this roadway could be held liable as well. 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 accident or injury.

Families of deceased victims, in these types of accidents, would be well-advised to contact an experienced Orange County personal injury lawyer, who has successfully handled motorcycle accident cases. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

What precautions can motorcycle riders take in order to avoid accidents?

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 Portal" They can be reached at 866-456-5235 during California business hours.

Orange County Motorcycle Accident Proves Fatal for Man is a post from: Personal Injury Attorney News Portal