Wrongful Death

Metrolink Train Kills 1 in Sylmar

January 19, 2011 | by Robert Walch

On Tuesday, January 18, 2011, at around 8:00 p.m., a man was killed after being struck by a Metrolink train in Sylmar, California. It is unknown why the man, who was 19 years old, was hit by the train. The Los Angeles train accident happened near where Pierce Street intersects with San Fernando Road, according to the Los Angeles Fire Department.

According to the Los Angeles Times, who analyzed data from 1993 to September of 2008, three Metrolink accidents, apparently none involving injures or deaths, occurred at that intersection. Interestingly, one block north of where this train v. pedestrian accident happened, where the trains cross Van Nuys Boulevard, there have been eight accidents which have resulted in five deaths and one injury, during the same time period.

Unless the cause of the train accident in Los Angeles was a suicide attempt by the pedestrian killed in the accident, the family of the victim should hire a Los Angeles personal injury lawyer to investigate the cause of the accident and whether there was any fault attributable to the Metropolitan Transportation Authority.

Newport Beach Crash Kills 3 – New Details

January 18, 2011 | by Robert Walch

Some new information has come in as to potential causes for the Newport Beach car accident that killed 3 people, and injured many more, this past weekend. It has emerged that the driver of the vehicle that allegedly caused the collision, Julie Allen, a 27 year old former high school track star, had possibly taken medication in the past for a possible mental health problem. Much detail is not currently available, but there are reports of a “serious episode” when Allen was in high school.

Friends and family have described Allen as a very cautious, religious person, who would not speed. At the time of the , since her car was allegedly traveling at such high speeds that it was airborne, possibly for more than 50 feet, before it crashed into other cars and a motorcycle.

The driver of the motorcycle was reportedly critically injured in the car accident. Two other motorists, Linda Burnett, who was from Santa Ana, California, and Christopher De La Cruz, from Laguna Niguel, California, were killed in the accident and their families will likely make Newport Beach wrongful death claims.

It has also emerged that another possible cause for the Newport Beach multi-vehicle collision could be a stuck accelerator, after investigators saw a web posting from Allen’s mom, regarding a prior incident in which her daughter’s vehicle had a stuck accelerator and could not control the speed. That incident ended safely and it is unclear if the web post was referring to Julie Allen or another sibling.

Driver Charged After Los Angeles Crash, Killing Passenger

January 16, 2011 | by Robert Walch

Luicci Nader, a Huntington Beach resident, has been charged with vehicular manslaughter, a felony, after a Los Angeles car accident death. Nader was allegedly speeding in his 2008 Ferrari F-430 Spider, on Coast Highway, on December 24, 2010, when he lost control of his vehicle, careening to the opposite side of the road, and colliding head on with a tow truck.

Nader’s Ferrari split into two as a result of this car accident in Los Angeles and Nader’s cousin, Ralph Abinader, who was sitting in the passenger seat, died as a result of the car accident. Abinader was 24 years old.

Nader is being charged with the felony because he was allegedly driving with gross negligence.

Besides the felony count, Nader will also face a possible Los Angeles wrongful death claim against him, for the death of his passenger. A driver of a vehicle that causes an accident is not only responsible for occupants of the other vehicle, but is responsible for his/her passenger’s safety as well. The claim should be made with the driver’s insurance company, barring any exceptions in the insurance policy, which sometimes exist for people such as live-in family members.

San Bernardino Man Charged In California Wrongful Death Accident

January 15, 2011 | by Robert Walch

A 70 year old San Bernardino man, Edward Stanley Baker, has been charged with a felony count of vehicular manslaughter, without gross negligence, in the wrongful death of a woman from an Orange County car accident. Mr. Baker, who allegedly failed a field sobriety test, was found to have a blood alcohol level of .22%, which is .14% higher than the California legal limit of .08%.

After the car accident in Orange County, Mr. Baker, who had nearly three times the legal limit of alcohol in his blood, had an empty vodka bottle in his car.

According to prosecutors, the Orange County wrongful death car accident allegedly happened when Mr. Baker did not slow down or stop for the other vehicle, which was making a legal left turn out of a parking lot. The driver of the other vehicle, Tamiko Kaminaga, 60 years old, was killed in the accident. Her passenger, her son, Jorge Maresch, suffered a broken nose and other facial lacerations.

Mr. Butler faces a potential maximum prison sentence of up to four years and prosecutors requested that he be held on $100,000.00 bail.

High Winds Cause Fallen Power Lines and 3 Deaths in San Bernardino

January 14, 2011 | by Robert Walch

In a tragic San Bernardino electrical accident, high winds, which went up to 40 miles per hour, caused power lines to fall in a family’s yard. Apparently, family members tried to put out the small fires that the downed power lines caused.

In what may have been a chain reaction electrocution, three family members were killed. Apparently, Sharon Vego, who was in the front yard when she heard an explosion in the back, came to the back to try to help. When she got to the back, she tried to help her son and husband, when she was also electrocuted. All three members of the family were killed by the electrocution.

After firefighters arrived at the scene, they had to wait approximately 15 minutes before the crews from Southern California Edison were able to arrive and shut off power to the line that had fallen, so firefighters could safely reach the victims.

It is advised that if you see a power line that has fallen to the ground, never touch, move or go near it, even if it looks harmless. Also, if you see a person being shocked, attempts to pull the person away may cause you to become a victim, which is apparently what happened in San Bernardino today. If you see a downed line, it is best to get as far away as safely possible and call 911 for emergency help, and call the emergency number for the local utility company.

Officials Aim to Reduce Glendale Car Accidents by Placing Traffic Signs in English, Spanish and Armenian

January 13, 2011 | by Robert Walch

City officials are trying a new measure to help reduce pedestrian and car accidents in Glendale, they are putting signs in English, Spanish and Armenian. One such sign, which says “LOOK” in all three languages, will be placed at numerous intersections, a warning to pedestrians to look for oncoming traffic before crossing the street.

According to the Glendale Police Department, there were 2,300 Glendale car accidents last year. Of those collisions, there were 660 that resulted in injuries. There were also six fatal Glendale accidents last year. Of the 2,300 car accidents, 64 involved pedestrians.

Glendale Mayor, Ara Najarian, said that the city has reached its limit of such accidents. Najarian said that traffic safety needs to be one of the communities top priorities because “we are losing children, elderly and disabled people, and babies in baby carriages are getting hit, and drivers who are the ones who failed to yield are having their lives ruined.”

This street sign campaign to reduce Glendale pedestrian accidents has also reportedly been used in both England and Ireland.

West Los Angeles Car Accident Kills Pedestrian, Severely Injures Motorist

January 11, 2011 | by Robert Walch

A multi-vehicle collision in Los Angeles on Sunday killed a pedestrian and critically injured the driver who apparently caused the collision. The Los Angeles car accident, which happened on Federal Avenue, near Santa Monica Boulevard, was apparently caused when a vehicle went out of control and hit a pedestrian who was standing on the corner at the intersection.

The pedestrian, a man in his 40s, was killed as a result of this impact. The car continued out of control and hit a vehicle stopped at a gas station. That vehicle had two occupants, who were apparently not injured by this collision. However, oftentimes police may not note an injury in their report, but occupants of a vehicle will often feel the effects of their injuries after a day or two.

The driver of the vehicle who allegedly caused this car accident in Los Angeles was critically injured in this series of collisions. Although it is unclear why the vehicle lost control, the driver, if he recovers, will likely face a wrongful death suit against him, from the family of the pedestrian who was killed. If the driver does not recover, and dies as a result of his injuries, his insurance coverage and, potentially, his estate, could be used to pay for the damages he has allegedly caused.

Seat Belt Use Rises and California Car Accident Deaths and Injuries Decrease

January 6, 2011 | by Robert Walch

A new report from the United States Centers for Disease Control and Prevention shows that California has the second highest rate of seat belt users in the United States, only slightly behind Oregon. According to the report, 93.2% of Californians say they always use a seatbelt. This seatbelt data shows that California car accident injuries and deaths have been reduced due to increased seatbelt use.

California is one of the states with strict seatbelt enforcement laws, where a driver can be pulled over when police see an occupant of the vehicle without a seatbelt on.

The Center for Disease Control’s report also found that between 2001 and 2009, the injury rate for occupants of a motor vehicle dropped by 16%. This correlates with the report’s finding that seatbelt use rose 4% from 2002 to 2008.

In news that would come as a surprise to many, the report showed that in 1982, only 11% of residents of the United States said they used seatbelts. This huge increase in seatbelt use is a big reason why car accident deaths and serious injuries have decreased. This should cause a reduction in California wrongful death and injury claims.

Using data from the National Highway Traffic Safety Administration, the CDC said in its report that in 2009, 450 lives would not have been lost if vehicle occupants were wearing their seatbelts. In addition, 12,000 car accident injuries would have been prevented.

Woman Killed By Her Daughter’s Car in Strange Los Angeles Car Accident

January 5, 2011 | by Robert Walch

In a tragic set of circumstances, Boon Soon Yang, a 71 year old woman, was killed when she was hit by her daughter’s car in a strange Los Angeles car accident. Apparently, Ms. Yang, who was waiting to be picked up outside her nursing room, was hit by her daughter’s car and pinned against a wall.

According to the Los Angeles Times, the strange set of events occurred when Sung S. Lim, who lives in La Mirada, was attempting to make a left turn or a U-Turn, when her 2011 Audi A5 Quattro vehicle was struck by a 2005 Honda Civic, which was being driven by a Priya Shah, 19 years old, of Buena Park. According to police, Shah was driving within the speed limit. This impact caused Ms. Lim’s vehicle to jump the curb and pin her mother against the wall.

Ms. Yang was taken to West Anaheim Hospital after the Los Angeles car collision, but she was pronounced dead on arrival. Neither one of the drivers was injured in the collision. However, Ms. Lim was taken to the hospital due to the emotional distress of the incident.

It appears from what is known that the police are not putting blame for the car accident in Los Angeles, nor the Los Angeles wrongful death, on Shah, who was apparently traveling straight and within the speed limit. Therefore, the assumption is that Ms. Yang caused the car accident by making an unsafe turn.

New Years Car Crash Deaths Caused by Drunk Driver Fleeing Police

January 4, 2011 | by Robert Walch

In a tragic New Years Day Los Angeles car accident, two people were killed when their vehicle was hit by a drunk driver fleeing the police. Demetria Dorsey, and her husband, Kelvin Dorsey, were in their Infiniti, traveling South on Crenshaw, when they were struck by a Geo Prism, driven by Jorge Alberto Molina.

Molina, from Culver City, had allegedly sped through multiple red lights before colliding with the Dorsey’s Infiniti, causing the Infiniti to roll and hit a pole, killing both of its occupants. The Dorseys were driving home from a New Years party. Mr. Molina then fled on foot before collapsing and being arrested. Mr. Molina has been booked on two counts of murder and is being held on $1 million bail. The Los Angeles Police Department has said that Mr. Molina was driving while under the influence and that it was unclear if he knew that the police were chasing with him at the time of the Los Angeles auto collision.

Unfortunately, we see time and again innocent commuters or pedestrians in Los Angeles who are killed by drivers as a result of high speed pursuits. Here, Mr. Molina faces a Los Angeles wrongful death claim against him. We have previously proposed a re-thinking on when police should engage such pursuits, as the ends oftentimes do not justify the means. This allegedly drunk driver may have caused worse damage had he not been pursued, but more likely than not it was the LAPD vehicles which caused him to travel at high speeds and cause this collision. If the police had simply taken down his plates and watched with a helicopter overhead, without pursuing at high speeds on the ground, this tragedy might have been avoided.