Wrongful Death

San Jose Man Convicted for DUI Causing Wrongful Death in San Bruno

January 28, 2018 | by Robert Walch

A California wrongful death accident on the 101 freeway in San Bruno, California, has resulted in the conviction of a man from San Jose, who was intoxicated at the time of the crash. According to the San Jose Mercury News, Louis Sale consumed 16 shots of liquor before rear ending another vehicle on the 101 freeway, southbound, in San Bruno. The impact was so severe that the occupant of the other vehicle, Vivaldo Braga Veloso, Jr., from Burlingame, California, was killed in the accident.

Because Sale was intoxicated at the time of the 101 freeway accident, he was convicted of felony vehicular manslaughter, meaning he can go to prison for up to 10 years. The jury has not yet decided on the charge of second degree murder. If convicted of the second degree murder, Sale will face a much more serious penalty of 15 years to life in prison. Continue Reading

Driverless Cars, Car Accidents and Safety?

January 26, 2018 | by Robert Walch

Did you know that each year about 35,000 people die in car accidents in the United States? And worldwide, over 1,250,000 people perish in motor vehicle collisions each year! Did you also know that more people in the United States have died from car accidents than in wars?

Is there a solution?

Many believe that self driving or autonomous vehicles will cut down on car and other motor vehicle accidents and eventually eliminate most if not all such accidents with their resulting deaths, injuries and property damage.

CNN Tech reported that autonomous cars and other vehicles equipped with sensors and cameras with 360-degree vision have the capability to predict, perceive and react to whatever happens on the road and to do so even faster than any human driver. Such vehicles can sense a pedestrian crossing the street and stop; and adjust speed when nearby cars and other vehicles are slowing. Further, they are NOT distracted when a driver texts, as so often occurs now! Continue Reading

Father Sues Los Angeles County After Deputy Caused Accident That Killed His Two Sons

January 25, 2018 | by Robert Walch

In a matter of seconds, Luis Hernandez lost both his young sons in a Los Angeles wrongful death accident. An SUV driven by a rookie Los Angeles sheriff’s deputy crashed into two vehicles while responding to a call. The crash caused the SUV to veer on to the sidewalk where the Hernandez family was walking. According to The Los Angeles Patch, “Jose Luis Hernandez, 7, and his 9-year-old brother, Marco Antonio Hernandez, were killed and their mother was critically hurt.”

Mr. Hernandez has now filed a civil lawsuit against Los Angeles County alleging negligence and wrongful death. The suit argues that the deputy was driving at high speeds but “was not in the process of responding to an emergency call, was not in the immediate pursuit of an actual or suspected violator of the law and did not have (her) sirens and/or lights activated.” Additionally, Mr. Hernandez argues the deputy should not have been allowed to drive before completing her training.

Deadly DUI Accident—Driver Killed and 3 Injured in Santa Clarita Crash

January 24, 2018 | by Robert Walch

A driver of a white Honda, who was likely driving under the influence of alcohol, caused a head on crash in Santa Clarita. According to the Los Angeles Daily News, the driver attempted to make a left hand turn right into the path of an oncoming Toyota Sienna. The driver of the Honda died at the scene and those in the Toyota—the driver, his 3-year-old daughter, and another passenger— were hospitalized for what were described as moderate-to-major car accident injuries. Officers investigating the collision believe that excessive speed and alcohol were likely the contributing factors for the cause of the Santa Clarita car accident.

According to the National Highway Traffic Safety Administration, “every day, almost 29 people in the United States die in alcohol-impaired vehicle crashes—that’s one person every 50 minutes in 2016. Drunk-driving fatalities have fallen by a third in the last three decades; however, drunk-driving crashes claim more than 10,000 lives per year.” These statistics are indeed troubling and tragic.

Man Sentenced to 4 Years in Prison for Fatal Thousand Oaks Crash

January 15, 2018 | by Robert Walch

After a man was killed in a Thousand Oaks car accident, the driver of the car that struck the house has been sentenced to four years in prison. According to the Thousand Oaks Acorn, Igor Lirtsman was killed when a car driven by Justin Stalberg, a 20 year old man from Thousand Oaks, who had marijuana and alcohol in his system, struck the house where Lirtsman was sleeping.

The Thousand Oaks wrongful death accident occurred after Stalberg, who was home on winter vacation from the University of Arizona, was out partying with friends from Thousand Oaks High School. The friends reportedly tried to convince Stalberg not to drive, but he drove despite their pleas.

Man Found Dead After Van Nuys Accident

January 10, 2018 | by Robert Walch

A man was found dead after he was struck by a car in Van Nuys, California, on Monday night. The incident occurred before 11pm, when a female driver struck the man and reported the incident to the police. According to the Los Angeles Daily News, prior to colliding with the man, the woman said she thought it was only a pile of clothes on the street.

At this point, it is unclear if the man was already deceased on the streets of Van Nuys, on 6800 Haskell Avenue, when he was hit by the car, or if the impact from the car killed the man. This Van Nuys car accident will have to be investigated fully to determine the cause and time of death. If the time of death proves to be earlier than the impact, then it would appear that the body was probably moved to the scene by someone else, or the man may have been struck and killed by another car that fled the scene after the impact.

Torrance Five Car Accident Investigated as Hit-and-Run Collision

November 20, 2017 | by Robert Walch

The Intersection of Del Amo and Hawthorne boulevards in Torrance, California was the scene of a significant car accident. According to Eyewitness News, five cars were involved in a hit-and-run crash in the area of this intersection. It occurred in the mid-morning hours on Tuesday the 14th of November. One individual died at the scene of the automobile accident while another person was rushed to the hospital with severe injuries resulting from the crash. The accident was major enough to cause the intersection of these two roads to be shut down while police investigate.

While the actual cause of the wreck is still being determined by an investigation by the police, sources have confirmed that the investigation is looking at this accident as a collision caused by a hit-and-run driver. There are currently two people in custody following this crash, and more information should be released as investigators continue to connect the dots. The hit and run driver potentially faces criminal charges as well as a Torrance wrongful death claim.

Fault and Hit-and-Run Accidents

Tragic Carson Car Accident Takes Lives of Two Brothers

November 15, 2017 | by Robert Walch

A late night accident around Avalon and Del Amo boulevards, in Carson, California, has resulted in the deaths of three people. Around 2:20 a.m., after leaving basketball practice, two brothers were killed in the car crash in Carson, along with the driver of the other vehicle. The car that the brothers had been riding in was t-boned by the other vehicle. The other driver has not yet been identified, but the two young men have been identified.

LAPD Officer Kenneth Baxter was the proud father of the brothers, Christopher and Jonathan Baxter, that were tragically killed in the crash. Officer Baxter was returning home after his graveyard shift when he was informed of the death of his two boys. According to the City News Service, “Baxter and his sons all attended Verbum Dei High School in Watts, Christopher graduating in 2010 and Jonathan in 2012. The officer said his sons were so close that he didn’t think one would have wanted to go on without the other.”

Expenses After An Accident

Woman Dies in Tragic Santa Clarita Accident

November 6, 2017 | by Robert Walch

On Saturday, a woman was killed when her vehicle was rear ended by a truck. The Santa Clarita truck accident occurred at about 5:08pm, when the truck slammed into the rear of the woman’s vehicle, pushing her vehicle into a bus. One passenger on the bus was also injured in the Santa Clarita accident.

According to the Daily News, the woman who died was named Marie Davis. She was 67 years old and lived in Canyon Country, California. Unfortunately, Ms. Davis’ smaller car posed no match for the much bigger truck, which was also pulling a trailer at the time of the wrongful death accident. There does not appear to be any suggestion that the driver of the bus contributed to causing this collision, but this is something that should be examined.

As of now, it has not yet been reported what caused the truck to rear end the vehicle. Oftentimes rear end accidents like this happen due to inattention by a driver, sometimes because of texting or other distractions. When the driver sees that vehicles have stopped up ahead, it can just be too late to stop in time. Here, the truck would require more time to stop because of the trailer hitched to the back. The driver may not have been taking that into account.

Riverside Car Accident Kills Las Vegas Shooting Survivors

October 30, 2017 | by Robert Walch

Sadly, a married couple from Murietta died on October 16, 2017, when they were involved in a car accident in Riverside, California. According to the Los Angeles Times, Dennis Carver was driving a 2010 Mercedes when he went off the roadway and crashed, killing himself and his passenger, his wife Lorraine.

Dennis and Lorraine were at the Route 91 Harvest country music festival in Las Vegas when a shooter fired at the festival from the Mandalay Bay Resort and Casino. In that tragic incident, 58 people were killed. The deceased couple leaves behind a 16 year old daughter.