Wrongful Death

Malibu Man Killed After Being Hit By Car on Ventura Freeway

March 2, 2011 | by Robert Walch

Hollywood animator, Jean-Maxime Perramon, was killed after he was hit by a car on the 101 Freeway, while checking on his Ferrari. According to the Los Angeles Times, Perramon apparently believed that metal had hit his 2010 Ferrari, so he pulled onto the shoulder of the Ventura Freeway to check on his car. As he was getting out of his car, Perramon apparently stepped into the slow lane and was hit by a Lexus.

According to the California Highway Patrol, the Lexus swerved into that lane, colliding with the man, while trying avoid colliding with another vehicle. Perramon was taken to Los Robles Hospital in Thousand Oaks where he passed away from his injuries from the accident.

If Mr. Perramon’s family brings a California wrongful death claim, there are many potential legal issues in this situation. First, the fault for the freeway accident must be determined. It is possible that multiple parties share liability, as the man should not have gotten out of his car on the freeway, the driver of the Lexus may have been able to avoid him and it is unknown what other cars may have played a role in causing the driver of the Lexus to feel the need to swerve to the right.

The man’s family may be able to bring a California uninsured motorist claim on the grounds that the unknown vehicle caused the accident or if the driver of the Lexus has no insurance. If the Lexus does not have enough insurance, there may be an underinsured motorist claim brought.

Costa Mesa Apartment Fire Kills One and Injures 3

March 1, 2011 | by Robert Walch

According to the Los Angeles Times and Daily Pilot, an apartment fire in Costa Mesa, California has killed a 17 year old boy, who apparently died at the hospital from his smoke inhalation and burn injuries. Two other people and a firefighter also sustained injuries from the fire, which may have included burn injuries and/or smoke inhalation, but they were able to be treated and released from the hospital.

The cause of the Costa Mesa apartment fire is unknown, and may have started in a garage that was converted into a living space. Investigators are also trying to determine the legality of the living space. Depending on what investigators find as to liability, the family of the deceased boy may be able to make a wrongful death claim against the responsible party.

We have previously commented on the many dangers of apartment fires in Los Angeles and throughout California, including the serious risks of burn injuries. Burn injury victims should obtain proper medical care right away as these injuries can be very serious and potentially life threatening. The proper medical care can make a huge difference in the recovery time and the extent of scarring. Depending on where the burn is, scar damage from burn injuries can be traumatizing and life altering.

Drunk Driver Kills Cyclist in Newport Beach Bicycle Accident

February 25, 2011 | by Robert Walch

Danae Marie Miller, has been arrested and booked on charges of gross vehicular manslaughter while intoxicated, for a Newport Beach accident that resulted in the wrongful death of a bicyclist. The fatal collision occurred on San Joaquin Hills Road in Newport Beach.

According to the Los Angeles Times, court records show that Ms. Miller has received 16 traffic citations since 2005. Her alleged infractions included driving the wrong way on a street, failure to stop for a stop sign, speeding and talking on her cell phone while driving.

Orange County Sheriff’s Department records show that Ms. Miller, who is 22 years old, was released after posting $100,000 bail.

In addition to the criminal charges against Ms. Miller, the family of the victim will also have a possible Newport Beach wrongful death claim against Miller. It remains to be seen if Ms. Miller will have enough insurance coverage to cover the significant wrongful death damages that the victim’s family will likely be claiming.

If there is not enough insurance coverage, the family may seek personal assets from Ms. Miller and, even though the wrongful death victim was on a bike, the family may make a claim with any uninsured motorist or underinsured motorist coverage that might have covered the victim.

According to records, since July 2009, this was the fourth fatal bicycle accident between a vehicle and a cyclist in Newport Beach.

Update: Bus Driver Killed, 23 Injured in Lake Arrowhead Church Bus Accident

February 22, 2011 | by Robert Walch

Regarding the tragic church bus accident yesterday, the Los Angeles Times reported additional information today. Apparently, the bus was from a Korean Church in Pasadena, The Light of Love Mission Church. The bus driver was killed and 23 were injured, ten seriously, when the bus apparently crossed over the dividing line on a curve near Lake Arrowhead, struck a car and went down a steep snow covered embankment yesterday.

The bus was traveling down the sharp curves on California 189 in the Lake Arrowhead region when it collided with an SUV traveling in the other direction. The bus apparently went through a utility pole, plunging about 25 feet into a grove of trees, which eventually stopped the bus.

The driver of the bus was identified as Won Seok Chae, from Los Angeles. He was found dead at the scene. The bus driver was said to be a professional tour bus driver who volunteered his time to drive the church’s bus.

The coroner’s office stated that Chae lost control of the church bus as it rounded a curve, crossing over into the opposite lane, colliding with the other vehicle. A man and a woman in the vehicle struck by the bus were also injured in the Lake Arrowhead bus accident.

San Bernardino Bus Accident Kills One and Injures Many on Church Retreat

February 21, 2011 | by Robert Walch

Earlier today, a bus accident in San Bernardino, California, killed one and injured many after a bus carrying a predominately Korean church group collided head on with a fire truck driven by an off duty firefighter. According to the Southwest Riverside News Network, the bus passengers were from the Light of Love Mission Church in Pasadena.

The San Bernardino bus accident occurred on Highway 89, near Lake Gregory Drive, in San Bernardino, California. After the collision, the bus went down a ravine of about 50 feet, before hitting a power pole and then a tree.

In addition to the person on the bus who was killed in the bus accident, 24 more people were taken to hospitals for their injuries. According to CBS2, ten of the victims suffered serious injuries, while 13 had minor or moderate injuries from the crash.

The other vehicle involved in the San Bernardino accident was a sport utility vehicle belonging to the fire department, driven by an off duty firefighter and his wife, who was also seriously injured in the accident.

It is unknown at this time whether it was the bus driver or the firefighter who caused this collision. Because there are serious injuries and at least one possible San Bernardino wrongful death claim, a considerable investigation will need to be conducted to determine the liability for this accident, and who will have to pay for the damages incurred by so many people. If it was the fire vehicle, the injured bus passengers may need to file a government claim for damages with the city in order to preserve their rights. If the bus driver was at fault, it will have to be the insurance company for the bus company that covers most of the wrongful death and injury damages.

Tragic Orange County Car Accident Kills Pedestrian Helping a Dog

February 16, 2011 | by Robert Walch

According to the Orange County Sherriff’s Department, a very sad car accident occurred in Laguna Niguel, wherein a woman jogger, who was helping a dog who had ran onto the street, was killed after two cars collided and one of the cars struck her.

The woman, who rescued the dog from the street, was kneeling next to the dog on the street corner, possibly checking its tags, when she was hit by the car. The two car collision was apparently unrelated to the dog, but resulted in one of the cars running onto the sidewalk, striking the woman, who died at the scene of the accident. The dog apparently left the scene before rescuers arrived, and has not been located.

It is unclear at this time which vehicle caused the Orange County car accident. The occupants of the vehicles suffered injuries including a broken collarbone as well as bumps and bruises. The family of the woman, who was an innocent bystander, may make an Orange County wrongful death claim against the driver and/or owner of the car that caused the collision. If it remains unclear which car caused the initial collision, the family should make the claim against both vehicles.

Fatal Car Accident Kills NCIS Security Guard

February 12, 2011 | by Robert Walch

A tragic wrongful death accident occurred on the set of the popular CBS television show, “NCIS,” when a security guard was killed when he was hit by a van. The van belonged to a production company whose driver allegedly blacked out when it hit a tent on the set. According to the Los Angeles County Fire Department, the fatal accident occurred on Anza Drive in Santa Clarita, California.

The Los Angeles pedestrian accident allegedly happened when the van sped through the lot and collided with the man, who apparently could not see it coming because of the tent. The accident victim was 52 years old.

In situations like this, the family of the victim, who died at a hospital, may be able to pursue a California workers’ compensation claim against the employer as well as a personal injury claim against the responsible party. The responsible party will likely include the driver and owner of the van that collided with the victim.

Since the van appears to have belonged to a production company, it will likely be covered by a commercial insurance policy, which usually provides higher coverage amounts than normal private party insurance policies. Because of the tragic nature of the incident, a large insurance policy will be needed to cover the extensive wrongful death damages.

Another potential legal issue here is why the driver blacked out and lost control of the vehicle. The driver may claim it was an “act of God,” in which case there is some case law that says he may not be legally responsible. Therefore, it will be necessary to investigate the cause of the blackout and find out if there was a health condition, of which the driver had knowledge, which caused the blackout.

Los Angeles Apartment Fire Kills 1 and Injures Another

February 7, 2011 | by Robert Walch

An apartment fire in the Lynwood area of Los Angeles, California, has killed 1 person and injured another. The injured man, who is in his twenties, suffered burn injuries in the Los Angeles fire.

According to the Los Angeles County Fire Department, the apartment fire occurred at 3:30 a.m. on Long Beach Boulevard. The fire was apparently extinguished by around 4:00 a.m.

Sometimes residents of an apartment suffer injuries or death due to a fire caused by another resident or by a problem with the building itself, such as an electric fire or gas explosion. In these situations, the injured victims will usually have a personal injury claim against the owner and operator of the apartment building.

Hit and Run Driver Kills Pedestrian in Pasadena Accident

February 4, 2011 | by Robert Walch

A 52 year old woman was killed last week, while on her motorized wheelchair, when she was hit by a car in Pasadena, California. The wrongful death pedestrian accident allegedly occurred when DeShaun Chapman, a 28 year old man, was driving at a high speed at about 6:30 p.m. when he swerved to avoid a car pulling out from a driveway. Chapman went into oncoming traffic, overcorrected and lost control of his vehicle, hitting the woman and a wall, resulting in the woman being pinned underneath.

Chapman, who fled the scene after the Pasadena pedestrian accident, later returned to the scene and was arrested and charged with vehicular manslaughter.

The driver of the sedan, who also fled the scene, has not been found. If found, the driver of this car may also face similar criminal charges.

The family of the victim will likely make a Pasadena wrongful death claim against Chapman, and may also be able to pursue an uninsured motorist claim, where the uninsured motorist coverage, if any, would take the place of the driver who fled the scene and was not located.

Pedestrian Killed in Los Angeles Hit and Run Accident

January 30, 2011 | by Robert Walch

According to the Los Angeles Times, an 18 year old pedestrian has been killed in Los Angeles when she was struck by a pickup truck. The driver of the pickup truck, who apparently slowed down after hitting the woman, but did not stop, has been identified as a Latino man who had a large beard.

The hit and run auto v. pedestrian accident in Los Angeles occurred in the Vermont Vista neighborhood, in South Los Angeles. The woman was crossing Figueroa Street where it meets 66th street, at about 10:30pm, when she was hit by the car.

The woman was taken to California Hospital Medical Center, where she died of her injuries from this collision.

If the driver of the vehicle who hit the woman is not found, the family of the victim may still have a Los Angeles wrongful death claim, but it will need to be filed with uninsured motorist coverage (if any). If the victim, or, in some cases, a family member who she resides with, has uninsured motorist coverage, the uninsured motorist coverage may step in to take the place of the responsible driver. This only occurs if the driver is not found, if the driver is found but does not have insurance, or if he is found but does not have enough insurance and the value of the uninsured motorist coverage exceeds the liability coverage on the responsible party’s insurance.