Insurance Information

Amtrak Truck Accident in Nevada Kills 4, Injures Scores

June 25, 2011 | by Robert Walch

An Amtrak Train, headed to Emeryville, California from Chicago, Illinois, was struck last night by a semitrailer truck near Reno, Nevada in a tragic truck versus train accident. According to the Los Angeles Times, the Amtrak train accident in Nevada killed four people, including the driver of the truck, and over 20 people had to be taken to hospitals.

According to witnesses, the driver of the truck apparently tried to stop before colliding with the side of the train, but was unable to do so in time. Witnesses also reported that the warning gates and lights at the crossing were working at the time of the Nevada Amtrak train accident.

It is unknown at this time why the big rig truck driver was unable to stop before colliding with the Amtrak train, but possible reasons could be malfunctioning brakes, inattentive driving, lack of visibility, or speeds that were just unsafe for conditions.

8 Car Collision on 101 Freeway Leaves Truck Driver Dead

June 17, 2011 | by Robert Walch

Jose Antonio Avelar, a 48 year old dump truck driver from Sylmar, California, died in a multi-vehicle accident on the 101 freeway on Wednesday, near Camarillo Springs Road. According to witnesses, the 101 freeway accident was caused by Avelar, who allegedly was speeding and was unable to stop before colliding with another dump truck, which caused the 8 car accident in Camarillo, California.

According to the California Highway Patrol, the dump truck that Avelar was driving was loaded with asphalt, which may have contributed to his inability to stop in time. The Los Angeles Times is reporting that, besides Avelar, there were no other major injuries in the Camarillo car accident.

Accident investigators will likely look into whether Avelar had appropriate licenses and training to operate the cement truck and determine who owned the vehicle. Any people injured in the Camarillo truck accident may make a personal injury claim against the owner of the vehicle that caused the accident, which will likely have a commercial insurance policy. Fortunately for any injured parties, commercial policies are usually larger than private person policies, so they should be able to seek and recover the full amount of their damages from this truck accident on the 101 freeway.

Irvine Car Accident Leaves Girl with Irreversible Brain Damage

June 1, 2011 | by Robert Walch

Ashton Sweet, a 14 year old girl, was left with brain damage after the vehicle she was in was struck by a drunk driver in an Irvine car accident. Doctors have declared that the brain damage is irreversible and Sweet is being kept alive while doctors determine if her organs are suitable for donation. Other girls in the vehicle suffered injuries, including Krista Merassa, 15 years old, who suffered serious or catastrophic injuries, and was listed in critical condition.

The girls were passengers in a car driven by one of the girl’s father, when they were struck by the alleged drunk driver, Austin Farley, a 26 year old Irvine man. Farley was arrested on suspicion of DUI and is awaiting his court appearance. Farley and the passenger in his vehicle were not injured in the car accident in Irvine.

According to the Los Angeles Times, Farley pled guilty to DUI in 2009 and also pled guilty to driving with a suspended or revoked license and refusal to take a chemical test for DUI in 2005.

In addition to the serious criminal charges that Farley will be facing, he will also likely be held liable for Irvine wrongful death damages, for the tragic eventual death of Ashton Sweet.

Actor Injured in Beverly Hills Car Accident

March 5, 2011 | by Robert Walch

David Arquette, an actor, perhaps best known for his rolls in Never Been Kissed and Scream, allegedly was injured in a head on collision car accident in Beverly Hills on Friday. The accident apparently happened when the car in front of Arquette stopped and Arquette, who allegedly did not have enough time to stop as well, swerved into a car that was going in the opposite direction.

Both Arquette and the driver of the other car were taken to Cedars-Sinai Medical Center in Los Angeles and their injuries were described as minor or moderate. The Beverly Hills car accident occurred at Elevado Avenue and Doheny Drive, according to the Beverly Hills Police Department, who responded to the scene.

It is unknown at this time why the driver in front of Arquette stopped or if that driver has been identified. It is possible that the driver of the car hit by Arquette will make a personal injury claim for his injuries and damages against Arquette’s insurance company. The insurance company may claim that some of the liability for this Los Angeles car accident rests with the driver who allegedly stopped in front of Arquette, but this may depend on the reason for the stop discovered through investigation.

Drivers have a duty to maintain sufficient distance between them and vehicles in front of them, often referred to as a space cushion, so that if a car in front of them stops, they have enough time to react and stop without rear ending the car or taking drastic measure such as swerving into another lane or head on traffic. Because Arquette allegedly may not have allowed sufficient distance between his car and the vehicle in front of him, he may be held responsible for causing this car accident and then could be found responsible for causing the personal injuries and property damage to the driver of the other car.

5 People Injured In Woodland Hills Car Accident

January 10, 2011 | by Robert Walch

On Sunday morning, a car accident in Woodland Hills, a suburb of Los Angeles, resulted in injuries to five people, including one serious injury. The crash occurred on De Soto Avenue, north of the 101 freeway.

The seriously injured occupant to one of the vehicles involved in this collision had to be extricated from the vehicle, most likely by the Los Angeles Fire Department and paramedics. The other four injured in this two car Woodland Hills car collision were taken to local hospitals. Although it is not mentioned in the article, it can be assumed they were taken to the Kaiser Permanente Emergency Room, as it is just down the street from the accident location, on De Soto Avenue.

At time of writing, facts of the Woodland Hills vehicle collision are unknown. Once it is determined who is at fault, which will likely be aided by the Traffic Collision Report, the injured parties may have a personal injury claim against the at fault driver and/or owner(s) of the at fault vehicle. Passengers in the at fault vehicle may be able to make a claim against the driver, depending on certain issues, including familiar relationships, which affect insurance coverage.

California Truck Crash Causes Serious Injury on Interstate 5

January 7, 2011 | by Robert Walch

On Thursday afternoon, a California truck collision on Interstate 5, near the Grapevine, seriously injured at least one person and caused a traffic backlog.

The person who suffered major injuries in this big rig truck crash in California was transported by air to a Bakersfield hospital. Investigators with the California Highway Patrol said the truck accident occurred when two big rig trucks collided with each other. It is unclear if any other vehicles were involved.

The investigators added that they suspect the California truck accident may have been caused by a mechanical problem with one of the trucks.

If a mechanical problem caused this California truck collision injury, the victim may be able to make a products liability claim against the makers of the big rig truck that had the problem. Additionally, if the driver of one of the trucks acted negligently, there would potentially be a more standard personal injury claim against that driver and the company he/she works for. Because of the reports of a possible serious or catastrophic injury involved, the fact that the big rig truck company should carry a larger commercial insurance policy should aid in recovering damages to any injured parties.

In addition, because the big rig truck drivers are likely working while they are driving, they may have a California workers compensation claim against their employers.

California Crash Taxes Increasing

January 3, 2011 | by Robert Walch

After a California car accident, new laws put in place by many California cities allow the cities to bill the insurance company, or at fault driver, for the police and firefighting services that their car accident in California has necessitated.

These laws, which are designed to increase revenue for cities that are struggling financially, face a challenge from insurance companies who say that it will cause insurance premiums to go up. The other argument is that tax dollars already pay for California firefighters and police officers. However, Costa Mesa Fire Battalion Chief Bill Kershaw says that the local taxpayers should not have to pay for emergency responses to accidents that they did not cause, so it would be more appropriate to bill ther responsible parties.

Some cities, countering the taxation argument, only apply these California car crash taxes to nonresidents. This, critics argue, could hurt tourism in California.

Tony Strickland, a California State Senator from Moorpark, is trying to outlaw the California auto crash taxes, by proposing measure SB 49, which will be heard by the legislature in February. His argument is that Californians are hurting enough from the economy, and simply cannot afford this extra charge when they are in a car accident.

Strickland is backed by the insurance lobby, which has given him over $200,000 in political contributions over the last four years.