California Personal Injury Lawyers Blog

Couple Visiting San Diego Killed by Tree Collapsing onto Rental

January 31, 2019 | by Robert Walch

A couple from North Dakota, Jessica and Troy Nelson, was killed week while vacationing in San Diego when a large tree collapsed onto the house they were renting during their stay. The couple was staying on the top floor of a two-story home in Point Loma Heights when heavy wind sent the tree crashing into the home.

Fox 5 San Diego reported that the incident occurred around 6 a.m. and the couple was upstairs sleeping. A third person was in the home on the first story—he was rescued by firefighters and was not seriously hurt.

According to neighbors, the owner of the home rents out the house as a short-term or vacation rental. When the crash occurred, many neighbors were woken up by the noise and hurried outside to see the tree toppled onto the home. One neighbor said the tree had been pruned and re-pruned, calling it “an accident waiting to happen.” Another neighbor reported the tree had been at the center of a dispute between the property owners on either side of the tree, with one owner “reluctant to have it removed.”

Storms Bring Snow to California Mountains – Tips for Driving in Snow

January 29, 2019 | by Robert Walch

Over the past few weeks the Southern California mountains have been hit by several winter storms. According to CBS 8, “The National Weather Service issued a winter weather advisory above 5,000 feet for the San Diego mountains.” While this is good news for ski resorts, the advisory states that drivers should expect slick road conditions.

From Mount Laguna to the San Bernardino and Riverside County mountains, the latest storms have brought 4-12 inches of snow. With all this snow, the National Weather Service is concerned about the impact it could have on Interstate 5. While traveling to the snow can be fun for recreational activities, it can be particularly dangerous for drivers, especially if you are unprepared. Because snow isn’t a typical part of Southern California life, if you plan to travel to or through snowy areas, make sure to use caution to avoid a Southern California car accident.

Although driving in snow can be dangerous, there are certain tips you can follow to stay safer even in icy and snowy conditions. To avoid a snow-related car collision be sure to:

1 Seriously Injured in Los Angeles Multi-car and Big Rig Crash

January 28, 2019 | by Robert Walch

A multi-vehicle car crash that involved a large Big Rig truck, left each of the driver’s with minor injuries, and one driver in critical condition. The crash occurred on Olympic Boulevard in the Boyle Heights neighborhood. From the photos of the incident, provided by ABC 7 News, the Big Rig over turned blocking the entire street. The photos show the truck completely on its side with two cars smashed into the trailer and one other car hit by the front of the truck.

Two of the people involved in the accident were trapped inside their cars. The Los Angeles Fire Department responded to the scene and set to work extracting the victims. One of the extracted victims was in critical condition and was rushed to a nearby hospital. The other drivers were evaluated at the scene for minor injuries.

As of right now, no other information about the crash has been released. Investigators are looking into what caused the crash and what, specifically, caused the semi-truck to tip completely on its side.

Two Street Racers Sentenced to 4 Years for Deadly Torrance Crash

January 25, 2019 | by Robert Walch

Luis Samaniego Barajas and Zachary Frank Leets, both 20-years-old, have been sentenced to four years in prison as a result of a deadly car crash they caused while allegedly street racing. The Torrance auto accident, which occurred in June 2017, resulted in the death of 20-year-old Maximillian Alexis Rojas.

According to The Daily Breeze, Rojas was traveling home from work on the Pacific Coast Highway when the car accident occurred. Barajas and Leets were strangers who decided to race one another. During the race, Barajas’s car, a Honda coupe, “struck a center median, became airborne and crashed head-on into the victim’s Nissan sedan,” killing Rojas. The accident was so powerful, the engine in Rojas’ car broke free and landed in the street. Barajas was hospitalized after the incident, however, Leets fled the scene and was later arrested. They both pled no contest to vehicular manslaughter to avoid trial and will now spend four years in prison.

In California, street racing is a crime. As in this case, those who participate in street racing will face criminal charges. When street racing harms another person, the criminal consequences will be more severe and likely will include jail time. However, facing criminal consequences does not eliminate the civil liability those responsible for crash owe to anyone they hurt as a result of their actions. A civil claim, such as a personal injury or wrongful death claim, is separate and distinct from criminal charges. While criminal charges involve the government bringing a charge against a person for illegal behavior, civil claims are between two people (or entities, like a company) for wrongs done by person one to another.

Long Beach Crash Kills 25-year-old Motorcyclist

January 21, 2019 | by Robert Walch

On Monday January 7, 2019, around 12:08 p.m., a collision at the intersection of Lakewood Boulevard and Willow Street in Long Beach caused the death of 25-year-old Corey Haggerty of Lakewood. The motorcyclist and a driver of a 2018 Ford Explorer made contact as the motorcycle changed lanes to make a left turn onto Willow Street. The Ford Explorer had just exited the 405 freeway.

The Press Telegram reports that Long Beach firefighters responded to the scene, but were unable to save Haggerty, who was thrown from his 2012 Honda CBR 600 to the southbound lane. Haggerty was pronounced dead at the scene.

The Ford Explorer driver, a 49-year-old woman from Torrance, stopped at the scene and cooperated with officers. She and her fellow passenger were uninjured. At this point, “Detectives do not believe the driver of the SUV was under the influence of alcohol or drugs at the time of the collision.” The collision and investigation closed the southbound and northbound ramps to the freeway for about 4 hours. Officers will continue investigating the incident to determine the cause.

Los Angeles Rainfall Causes Unsafe Conditions and Accidents Rain Forecasted to End!

January 17, 2019 | by Robert Walch

Los Angeles and Southern California have been hit by early January storms, causing many serious car and truck accidents, as well as significant rainfall and flooding. Downtown Los Angeles has sustained almost five (5) inches of rainfall, as per the report of 5:47pm, January 17, 2019, of the National Weather Service. See Los Angeles Almanac.

If you were involved in a car or truck accident in the rain, here are a few things to do: be sure to call 911 if you were injured or need other emergency assistance, and before moving any of the vehicles try to take detailed photos of all vehicles, their damage and the scene of the collision. Also, get all identifying information, including take photos of the other party’s driver’s license, insurance cards and vehicle license plates.

If you were not at fault, it’s wise to call the police and wait until they arrive (which, unfortunately, may take even longer when it’s raining) to get a written police report, usually called a “traffic collision report”, to help prove you were not at fault. If you were not at fault, we cannot emphasize enough how important and helpful a favorable police report can be to winning your case and also proving to your own insurance company that you were not at fault so your insurance rates will not go up!

Heavy Rain Makes for Dangerous Commutes & Causes Deadly Camarillo Accident

January 14, 2019 | by Robert Walch

Recently, heavy rain in Southern California has made for extremely dangerous driving conditions. The heavy rains have decreased visibility on already busy roads, which has led to several car accidents through Ventura County and its surrounding counties. The rain has been particularly problematic during commuting hours and CHP reported “there have been a lot of crashes [and] people hitting the guardrails.” Several drivers have reported losing control of their vehicles because of the slick roads.

One particular accident near Camarillo resulted in a deadly head-on collision. According to the Ventura County Star, a 65-year-old man from Oxnard driving a Nissan pickup lost control of his vehicle while traveling westbound. The car crossed into oncoming traffic, “for reasons that are still being investigated” and hit a Ford F-250 pickup driven by a 27-year-old man from Oxnard.

Emergency personnel responded to the scene of the accident and the Nissan driver was pronounced dead at the scene. The Ford F-250 driver was taken to the St. John’s Pleasant Valley hospital for his injuries suffered in the collision.

California DUI Accidents Over the 2019 New Year’s Weekend Leave 36 Dead

January 11, 2019 | by Robert Walch

Although the holiday season can be a wonderful time of year, full of celebration, it can also be a dangerous time of year especially over the New Year’s holiday weekend. New Year’s Celebrations often include drinking, and far too often people make the dangerous and reckless choice to drive while intoxicated.

This was true over the New Year’s holiday weekend here in California. The Los Angeles Times reported that 36 people died in DUI related car accidents over the holiday weekend, which spanned from December 28, 2018 to January 2, 2019. Four of those killed were pedestrians. California Highway Patrol stated the death toll was higher than last year, as only 23 people were killed over the 2017/2018 holiday. In Los Angeles County, one person was killed, which was down from the six killed the previous year.

According to the California Highway Patrol, the four-day holiday period included maximum enforcement of DUI driving laws. This led to the arrests of 1,140 drivers statewide who were arrested on suspicion of driving under the influence. CHP officers stated that, “although that’s an increase from the previous year’s 936, this year’s holiday span was a day longer because New Year’s Day fell on a Tuesday.”

5 Tips for Staying Safe in the New Year

January 7, 2019 | by Robert Walch

It’s now 2019! The holiday season is winding down, and day-to-day routines are back in action. The New Year brings new hopes, and certainly the hope of avoiding injury is at the top of the list.

In 2018, accidental injury became the number 3 cause of death of the first time in United States history. The National Safety Council reported that “an American is accidentally injured every second and killed every three minutes by a preventable event.” These preventable events include accidents from vehicle crashes to falls. Luckily, these injuries are preventable and by taking certain precautions you can put you and your family on a path toward a safer year.

Below are five ways to avoid some of the most common injuries and stay safe in 2019:

New California Law Makes Bike Path Hit-and-Run a Crime

January 1, 2019 | by Robert Walch

When it comes to hit-and-run pedestrian accidents, most often we think of an incident involving a vehicle. However, a new California law, which goes into effect with the new year, makes it a crime for a bicyclist to hit a pedestrian while on a bike path and flee the scene.

According to the Daily Bulletin, the law already applied to cyclist/pedestrian accidents on the road, but is now expanded to cover accidents on bike paths as well. Under the new law, “a bicyclist who strikes a pedestrian on a bike path causing injuries or death will now have to stay put, helping the injured person if possible and waiting for police” or else face criminal charges like a hit-and run motorist would face.

The new law was encouraged after several incidents of cyclist/pedestrian accidents along bike paths—pedestrians were hit and left injured on the path, while the cyclist rode away with no legal consequences to prevent them from doing so. One example was 61-year-old Bill Finbeiner who was hit by a bicyclist while walking along a path. He suffered “a fractured skull, a broken nose, facial fractures, a broken left hand and a broken left thumb, in addition to having two teeth knocked out and the back of both hands torn up.” However, it wasn’t a crime to hit someone and leave, so the cyclist rode away.