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Articles Posted in Wrongful Death

Sadly, a 30-year-old bicyclist, Rigoberto Guzman, was killed in a Jurupa Valley Hit-and-Run incident. The bike accident occurred around 11 p.m. at the intersection of Limonite Avenue and Van Buren Boulevard.

According to the Redlands Daily Facts, Guzman was biking northbound on Van Buren Boulevard when he was suddenly hit by a car and the driver fled. Police say, Guzman “was flung to the far east side of the roadway, where witnesses spotted him and called 911.” Tragically, Guzman died at the scene.

Based on witness descriptions of the vehicle, police were able to locate the car and the driver that caused the accident the next day. 26-year-old Andrew Scott Walters has been arrested for causing this wrongful death bicycle accident. Police are now investigating what caused the accident in the first place, though it appears it was not drugs or alcohol.

When should the police enter into a high speed chase to catch a fleeing suspect?

How should the police balance trying to apprehend a fleeing suspect with the risk of injury to bystanders in cars and who are pedestrians?

What should be the guidelines for police dangerous high speed car and motorcycle chases?

A three-vehicle car accident in North Hollywood resulted in the death of a female pedestrian standing on the sidewalk. According to KTLA News, the crash occurred just after 3:00 p.m. on March 26, 2019, on Victory Boulevard.

Police reported that a “BMW driven by an identified male in his 20s was traveling northbound on Vineland Avenue at a high rate of speed and ran a red light, colliding with another vehicle in the intersection that was coming in southbound and making a turn onto Victory Boulevard.” This initial collision sent the BMW spinning into a CVS parking lot, where it hit another car and the curb, which sent the BMW into the air. When the car came down on the side walk, it landed on top of the woman waiting there.

Nearby witnesses did everything they could to get the car off the woman before the fire department responded but were unsuccessful. When emergency personnel finally freed the woman, she was rushed to the hospital, but was pronounced dead shortly after her arrival. Officers are now investigating to determine the exact cause of the accident, including whether the BMW driver was intoxicated at the time of the incident. They also reported that the BMW was speeding when it ran the red light.

Over the weekend, a 14-year-old boy was injured in a hit-and-run accident in Ventura. The boy was skateboarding westbound on Darling Road just after 10 p.m. A car traveling eastbound down the road hit the teenager. A witness to the accident called 911.

The teenage boy was treated at the scene of the accident by first responders, then taken to Ventura County Medical Center for further treatment for his injuries sustained in the collision. In the hours following the accident, he was luckily said to be in stable condition as he was not wearing a helmet at the time he was hit.

Police are still looking for the driver of the vehicle that hit the young boy. KTLA News reported that “the vehicle did not stop, and the driver did not try rendering aid to the victim.” As of right now, Police do not have a description of the car or driver. They are asking anyone with information about this accident to contact the police at 805-339-4451.

On Sunday, a former UFC fighter was killed when he was struck by a rideshare driver. The incident, which occurred in the city of Belém, in Brazil, allegedly occurred after the passenger, Rodrigo de Lima, exited the rideshare vehicle. According to ESPN, de Lima and the driver of the vehicle, Jefferson Roger Maciel, got into some type of argument. Maciel allegedly struck de Lima from behind while de Lima was walking away, causing the death of de Lima. It is not presently known what rideshare company the driver was working for at the time of the incident.

Information coming out of Brazil so far is pretty scarce, but it appears the rideshare driver struck de Lima from behind. Assaults like this can lead to the victim falling and striking his or her head on concrete or pavement, which can lead to a traumatic brain injury. When we have seen incidences like this lead to a death, it is usually due to a severe traumatic brain injury involving bleeding of the brain.

Head injuries are very serious and a concussion, which is a traumatic brain injury, can lead to very serious complications and even death in certain circumstances. It is very important that if you (or someone you know) suffer a concussion, that you (or the other person), get checked out by a doctor right away. Often a CT scan of the brain is needed to determine if there is any brain bleeding. Sometimes the doctor can determine from the examination that a CT scan will not be necessary. This is determined by the results of the testing the doctor uses to examine the severity of the brain injury.

Recently an individual was killed as a result of a big rig truck crash on the 5 Freeway in Anaheim. KTLA News reports that just before 3 a.m. the semi-truck was involved in a crash with a Toyota Camry. The big rig semi-truck overturned on the freeway which resulted in the closure of all southbound lanes of the 5 for several hours.

Officers immediately responded to the scene. At this point, no specific details of the fatality have been released, and authorities are still trying to determine the cause of the accident. If the investigation reveals that the car driver was killed due to the fault of the big rig driver, the family of the victim will be able to bring an Anaheim wrongful death claim on behalf of the victim.

When a big rig semi-truck is involved in an accident that results in a death, the subsequent investigation is very important because it can determine which party or parties will be liable for wrongful death damages. It will be important to sort out the case facts to determine if the truck driver caused the accident by driving negligently—driving while drowsy, driving under the influence, driving while distracted—or if the accident was perhaps caused by a problem with the truck, such as a mechanical problem or a failure by the truck company to properly maintain the truck. In a big rig accident both the driver and the company that owns the truck are potential responsible parties and depending on the facts may be responsible for wrongful death damages if someone is killed as a result. Truck companies often carry large insurance policies to cover these types of incidents.

Recently a 17-year-old boy was arrested for murder after causing a deadly accident in Woodland Hills that involved four other cars. The accident occurred just after 10 p.m. at the intersection of Winnetka Avenue and Ventura Boulevard.  ABC 7 News reported that the teenager was recklessly driving a Mercedes-Benz for several blocks before causing the multi-car collision. He then sped through a red light at the busy intersection, without pausing, and slammed into a Toyota Tacoma. The force of that collision sent him spinning into a Ford Expedition and Lexus.

Tragically, the driver on the Toyota Tacoma died at the scene. The teenage driver that caused the accident and his passenger were both hospitalized.  Two others involved in the crash were in critical condition, and one other passenger suffered minor injuries. After a preliminary investigation, the police stated, “The totality of the circumstances indicates the driver of the Mercedes displayed a willful disregard for human life.” As a result, officers arrested the young driver for murder.

It is certainly heart wrenching to see the consequences of one person’s poor decision to drive recklessly. In this case, 3 other cars were impacted, several injured, and one person died, certainly leaving a family in mourning. In this situation, not only will the young driver that caused this accident face criminal charges, but he will also be civilly liable to all those harmed by his careless and reckless actions. This civil liability would come through personal injury claims by those injured in this accident and a wrongful death claim by the family of the Toyota Tacoma driver who was killed in this Woodland Hills car accident.

According to the Los Angeles Times, a 22-year-old motorcyclist died after he was hit by a Lyft driver in Costa Mesa. The police responded to the scene of the crash, which occurred around 8:50 p.m., and found the motorcyclist unresponsive.  The accident occurred as the motorcyclist was traveling north on Fairview Road. The Lyft driver was traveling west and made a left turn, causing the collision. “The Lyft driver had just completed a trip to the Mesa del Mar neighborhood and had no passengers at the time of the collision.”

Ride sharing apps like Lyft and Uber are now a part of life, especially in busy areas like Los Angeles. For some time, it was unclear if Lyft and Uber could be held responsible for injuries and deaths caused by their drivers. Now, they offer insurance coverage for their drivers, however, how much liability they have depends on if or how the driver was using the app at the time of the accident. For example, in this motorcycle/Lyft accident it makes a difference that the Lyft driver had completed a trip and did not have a passenger in the car.

According to the Uber and Lyft websites, their insurance coverage for drivers is categorized to how the driver is using their car:

CBS Los Angeles News reported that a woman was killed by a metro bus while waiting at the bus stop. The Los Angeles Bus Accident occurred in the early morning around 12:20 a.m. The woman was identified as Heather Kirkorowicz, who was 41-years-old.

Police are currently investigating what caused the accident. Initial reports suggest that Kirkorowicz may have been hit as she was trying to flag down the bus. It appears that she may have stepped off the curb and into the street as the bus approached, which resulted in her being hit. The bus driver stayed at the scene and cooperated with the police after the incident.

Bus accidents are always frightening. Because of the size, force and momentum of a bus, occupants of vehicles or pedestrians hit by a bus frequently sustain catastrophic injuries, including fatalities. A bus accident will generally always involve an in-depth investigation to determine what caused the accident. Luckily, many buses are equipped with video cameras that can be useful in determining what happened.

You cannot drive around the greater Los Angeles area without seeing Uber and Lyft vehicles everywhere. They are a very helpful service for many people who need transportation. In fact, we often assist our seriously injured clients with obtaining transportation to their medical appointments, via Uber or Lyft.

Uber and Lyft have obviously disrupted the transportation industry. Previously, people would have to call a taxi company, give them their pick up address, and the taxi company would send a taxi to pick up that person in a certain time range. Now, people just go onto the app from their smart phone, which already has their location, and they can get the price of the ride in advance and often a car within minutes.

With this great benefit in convenience, however, comes certain problems. Uber and Lyft vehicles are all over the road. Sometimes Uber and Lyft drivers are waiting by curbs or in parking spots, other times they are just driving around waiting for a ride. Once they get the ride, they have to act quickly to confirm the ride and get to the pick up spot. Once they have the passenger, they frequently want to drop the passenger off at the destination as quickly as possible so that they can pick up the next rider and make more money.

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