Wrongful Death

200 Million Dollar Judgment Awarded For Metrolink Train Crash Victims

July 14, 2011 | by Robert Walch

Many people remember the tragic Metrolink train crash in Chatsworth, California on September 12, 2008. The crash resulted in the death of 24 passengers and injuries to 98 survivors. Today, Judge Peter Lichtman decided how to divide up the 200 million dollars in funds available to the victims of the Metrolink train accident.

According to the judgment, in the first group, the adult wrongful deaths, the average recovery is 4.2 million dollars. In the second group, the parents of young people who were killed in the train crash, they were awarded an average of 1.2 million dollars in wrongful death damages. For the 98 injured passengers, their personal injury settlements, based on their injuries, damages and future care were for $12,000 or more.

Fire Injuries and Wrongful Death in Pacoima House Fire

July 13, 2011 | by Robert Walch

A house fire in Pacoima, California, caused a man to suffer smoke inhalation injuries and lacerations and caused the death of a woman who was in the house. According to the Los Angeles Fire Department, the fire occurred at about 4:00 p.m. in Pacoima, and the woman was found dead in the home by firefighters.

The man who survived the Pacoima house fire suffered fire injuries, including smoke inhalation, lacerations and possibly burn injuries, from trying to put out the fire.

The cause of the house fire in Pacoima has not yet been revealed, but oftentimes these fires are caused by electrical systems, arson, candles, cooking equipment, or smoking.

Pregnant Woman Killed in Glendale Crash on 134 Freeway

July 12, 2011 | by Robert Walch

A pregnant woman was killed on Sunday when, according to the California Highway Patrol, her car veered off the freeway and crashed into a tree in a Glendale car accident. According to the Glendale News Press, the cause of the Glendale wrongful death car accident is currently unknown, but there were no indications that drugs or alcohol played a part in the collision.

Unfortunately, the woman who was killed will not be able to give her side of the story as to what caused her to veer off of the freeway. In these circumstances, the cause can often be debris in the road or swerving to avoid another car.

Vehicular Manslaughter Conviction for Corona Pedestrian Accident

July 9, 2011 | by Robert Walch

In 2008, Rachel Elliott was killed when she was hit by a car in Corona, California. Elva Diaz, the driver of the vehicle that hit Elliott, was convicted last week of involuntary gross vehicular manslaughter, because she was allegedly intoxicated at the time of the pedestrian accident in Corona.

Diaz, who is facing sentencing of up to 10 years imprisonment for the conviction, is 32 years old. She was found not guilty on the charge of 2nd degree murder, which would have carried even stiffer sentencing. In a case like this, without a previous DUI conviction, it is very difficult to get a conviction on the 2nd degree murder charge, which Diaz’s criminal defense attorney said was excessive. Diaz will be sentenced on August 5, 2011.

Los Angeles Motorcycle Accident Death in Cahuenga Pass

July 8, 2011 | by Robert Walch

According to the Los Angeles Times, a Van Nuys man was killed in a Los Angeles motorcycle accident early this morning. Los Angeles Police said that the driver of a 2003 Honda Accord, Maxime Desire, made a left turn in front of the motorcycle, causing the biker to be ejected from the motorcycle.

The motorcycle accident in Los Angeles is being investigated by the Valley Traffic Division of the Los Angeles police department. The motorcycle accident death occurred at Cahuenga and Barham, in the Cahuenga Pass. The California wrongful death victim of the Los Angeles motorcycle crash is a 41 year old man from Van Nuys, but his name has been withheld pending notification of his family.

Unfortunately, many Los Angeles motorcycle collisions occur when a car does not see a motorcycle and attempts to make a left hand turn in front of the bike. These motorcycle crashes are particularly dangerous because often the rider is unable to stop in time and is flipped over the car. Many witnesses to motorcycle collisions accuse the rider of excessive speed, which is normally due to the loud noise from a motorcycle engine, rather than the actual speed it is traveling. This often leads to traffic collisions reports, also known as police reports, which blame the motorcyclist, either in whole or in part, based on the witness’ mistaken recollection.

Woman Dies after Hit by Car in Redondo Beach

July 6, 2011 | by Robert Walch

An 89 year old Redondo Beach woman, Melania Nuhbegovic, was hit by a car in Redondo Beach on Monday. Ms. Nuhbegovic later died of her injuries at Harbor UCLA medical center.

According to the Daily Breeze, the woman was crossing in a crosswalk when she was hit by a pickup truck in Redondo Beach. According to investigators, the driver of the pickup truck stopped at the stop sign, but then drove and hit Ms. Nuhbegovic. He did not flee the scene and stopped to render care to the victim.

The driver was not cited and investigators said it did not appear that the driver was under the influence at the time of the Redondo Beach wrongful death accident.

Two Children Killed in Riverside Car Accident

July 5, 2011 | by Robert Walch

Two young children, Fernando Benitez and Genesis Fuentes, aged 6 and 14 respectively, died this morning when the Mitsubishi Montero they were in rolled over in a tragic Riverside car accident. According to the California Highway Patrol, the Riverside freeway accident happened when a tire blew out and the driver of the vehicle, Tomasa Fuentes, lost control of the car.

According to the Los Angeles Times, the two children, who died at the scene, were not wearing seatbelts at the time of the car accident in Riverside on the 60 Freeway in Glen Avon. The other passengers in the vehicle, who apparently were wearing seatbelts, suffered injuries ranging from minor to severe.

The California Highway Patrol has not decided yet whether to pursue criminal charges for the Riverside wrongful death due to the lack of seatbelts.

Murder Conviction From Costa Mesa Car Accident Wrongful Death

June 30, 2011 | by Robert Walch

Gustavo Adrian Vega, a 23 year old man from Costa Mesa, California, was convicted of murder today for a Costa Mesa car accident he allegedly caused when he was driving under the influence.

According to the Los Angeles Times, Mr. Vega had a prior DUI conviction and in this car accident in Orange County, he ran a red light and then fled the scene on foot. Mr. Vega was later caught by Costa Mesa police and he had a blood alcohol level of .17%, which is over twice the legal limit in California.

Mr. Vega will face a maximum prison sentence from 19 years and eight months up to life in prison for the murder as well as felony hit and run conviction.

New Details Emerge in Nevada Amtrak Train Crash

June 29, 2011 | by Robert Walch

It has emerged that the truck driver who allegedly caused the Nevada Amtrak train crash has been cited multiple times in various states. These citations were for violations including a 2007 truck accident wherein he rear ended a Toyota on the freeway, causing injuries to a family, and tickets for speeding and driving with a cell phone in his hand.

There was also an Amtrak train crash lawsuit filed this week by an Amtrak train attendant, against Lawrence Valli, the truck driver, and John Davis Trucking, the presumed owner of the vehicle and the company that employed Valli.

The personal injury attorney for the train attendant claims that Valli was negligent and careless in failing to follow the road signs, causing this truck-train crash and the resultant injuries and damages to his client. The attorney also claims that after reviewing Valli’s record and the record of the trucking company, that Valli should not have been driving this truck at the time of the Amtrak train accident.

Nevada Truck Accident with Amtrak Train – Update

June 28, 2011 | by Robert Walch

Although previous reports said four people died in the Amtrak train accident with the big rig truck in Nevada, that number has been revised to six deaths, including the truck driver and the train conductor. The number of missing people, however, has been reduced from 28 to five.

The Amtrak train crash, which happened 70 miles east of Reno, Nevada, appears to have been caused by the either the truck driver or problems with the truck. The trucking company, John Davis Trucking Company Incorporated, based in Battle Mountain, Nevada, has been cited 17 times for having faulty equipment and has had two other crashes since 2009. Those cases involved a truck operating with bald tires and another truck with defective or missing springs.