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Articles Posted in Wrongful Death

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A Hawthorne driver, Jose Padilla, and his passenger, were killed in a Gardena car accident on Wednesday evening. CBS Los Angeles reported that Mr. Padilla was driving a Chevrolet Corvette when it jumped the curb, hit a power pole, and struck a Gardena building.

Immediately after the crash the Corvette caught fire leaving the car completely mangled. Mr. Padilla was pronounced dead at the scene of the accident after being ejected from the car. A witness of the accident stated that he and others attempted to save the two men, but the fire caused explosions forcing those trying to help away from the car. It appears both men died on impact, not from the fire.  Continue Reading

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A 15-year-old Tarzana boy, and biking enthusiast, Sebastian Montero, was tragically killed when he was struck by a car while riding his bike in Woodland Hills, California. According to the Los Angeles Daily News, the Woodland Hills bicycle accident occurred when Montero was riding his bike with a friend on Easter morning. He followed his friend through an intersection when a white 2018 Infiniti entered the intersection and hit Montero, sending him flying into the car’s windshield.

The young boy was rushed to the hospital reportedly suffering from blunt force trauma. He was pronounced dead just a short time later. The driver was a 31-year-old Tarzana man. The driver stopped after the accident and the police determined that he was not driving under the influence of alcohol or drugs.

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According to the Orange County Register, a male pedestrian was killed while walking on the sidewalk in Tustin, California when a BMW jumped the curb and hit him. The Tustin pedestrian accident occurred around 7:00 am near Newport Avenue and the I-5 freeway.

Police are still investigating to determine exactly what caused the driver of the BMW to leave the road and cause the wrongful death of the pedestrian. The Tustin police reported that the driver lost control of the vehicle, jumping the curb and striking a retaining wall, then hitting the pedestrian. At this time, police do not believe that drugs or alcohol were involved in this Tustin wrongful death accident.

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A California wrongful death accident that occurred on the Pacific Coast Highway in Huntington Beach, California resulted in the death of three people and the arrest of a San Clemente woman, Bani Duarte, on suspicion of driving while intoxicated at the time of the crash.

ABC 7 News reported that the crash occurred just after 1 a.m. when the driver of a white Hyundai drove into the back of a red Toyota that was stopped at a red light. According to the current investigation, the red Toyota was at a complete stop, and there is no evidence that the white Hyundai even attempted to stop.  Continue Reading

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Uber has made what some may consider to be a very smart business decision, by settling the wrongful death claim for the family of the pedestrian who was struck by the Uber autonomous vehicle on March 18, 2018. According to CNN, the family hired an attorney and made a settlement with Uber, so that parties could avoid a possible wrongful death lawsuit.

Uber has not commented on the wrongful death claim against them and the family’s attorney basically only said that the matter has been resolved. Understandably, the family of the wrongful death victim deserves to have its privacy. Terms of the settlement have not been disclosed, but we can assume that the family agreed to keep everything confidential, so as not to set a precedent against Uber.  Continue Reading

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Joseph Testone, Jr., who was the passenger in a Maserati involved in a Long Beach car accident on Friday, unfortunately died from his injuries from this accident. According to NBC News, Testone, who was a resident of Idaho, was pronounced dead at the scene of the impact.

The driver of the Maserati, who is a man from Long Beach, aged 54, suffered very serious injuries in the accident and has been listed in critical condition in the hospital. The accident apparently occurred when the driver, who was possibly going too fast, lost control of the Maserati and crashed into a tree, which cut the vehicle completely into two. The driver was ejected from the vehicle.  Continue Reading

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An Uber self-driving autonomous vehicle tragically caused the wrongful death of a pedestrian on Sunday. According to CNN, the Uber wrongful death accident happened in Tempe, Arizona, where Uber has been testing its autonomous vehicle technology. This particular accident involved a Volvo XC90 SUV, which struck a pedestrian.

The Uber pedestrian accident occurred when Elaine Herzberg, a pedestrian who was walking her bike across the street, was struck and killed by the Uber SUV. Ms. Herzberg was 49 years old and passed away due to the impact with the SUV. Preliminary reports indicate that the SUV appeared to be going about 40 miles per hour in an area where the speed limit was 35 miles per hour.  Continue Reading

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A Lake Elsinore man, David Loperena, turned himself in to Riverside County Police in connection with a hit and run collision that killed a 10-year-old boy. NBC News reported that 10-year-old Antonio Ochoa was crossing the street in a crosswalk near his home in Lake Elsinore with his mother and sister. The driver of a red truck ran a stop sign and hit Antonio, carrying his body 25 yards down the road. Officers attempted to search for surveillance video of the red truck in the area following the accident, but were unsuccessful.

Investigators arrested Loperena, the alleged driver, after he turned himself in for fleeing from the scene of the wrongful death pedestrian accident.  Tragically, there are many serious hit and run accidents throughout California that involve the wrongful death of pedestrians. A moment of negligence or recklessness can lead to the premature death of an unsuspecting pedestrian. Continue Reading

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According to the Los Angeles Times, a 23-year-old Pasadena man, Christopher Lopez, was driving home with his wife and daughter when a boulder, thrown from an overpass, smashed through the windshield of their car. Lopez, who was sitting in the passenger seat, was struck by the 35-pound boulder. His wife rushed him to the hospital in Glendale, where Lopez died from the impact.

The California Highway Patrol believes that the incident that lead to this California wrongful death was an intentional act. Lt. Chuck Geletko of the CHP stated, “This was an innocent family driving home. Because of a careless person or persons, their lives will forever be changed.” Officers are asking for help from the public to locate the person who threw the boulder from the overpass.  Continue Reading

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Law Enforcement around Southern California are warning people to celebrate St. Patrick’s day safely, without drinking and driving.

According to the Los Angeles Daily News, in 2016, 60 people were killed drunk-driving accidents nationwide over the St. Patrick’s Day holiday weekend. Last year, in California alone, there were 148 arrests by the CHP for St. Patrick’s Day related DUIs. Also, in Caifornia, there were three deaths and 66 DUI related car accident injuries on St. Patrick’s Day.

A day of celebration and fun can quickly turn to a day of heartbreak and tragedy if a drunk-driving accident results in the personal injury or wrongful death of another. It is important to take precautions so no one gets hurt. Southern California law enforcement agencies recommend the following 6 ways to stay safe:

  1. Plan ahead—make sure you have a designated driver or a safe way home after your night out.
  2. Check out the state Office of Traffic Safety designated driver mobile app, DDVIP—it’s a free download on iOS and Android devices and gives you offers and discounts to sober designated drivers at participating bars and restaurants.
  3. Take advantage of rideshare services like Uber and Lyft.
  4. See if your community has a sober ride program.
  5. If your friends are planning to drive drunk, take the keys away from them and make sure they get home safely.
  6. Report drunk drivers to the police so Los Angeles roads can stay safe.

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