California Personal Injury Lawyers Blog

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.

2 Police Officers Injured in Los Angeles Hit and Run Accident

February 15, 2011 | by Robert Walch

Two Los Angeles Police Department officers were injured when their vehicle was rear ended in Los Angeles. The two occupants of the car that rear ended the patrol car fled the scene and were not located by police.

The Los Angeles rear end accident happened near the intersection of Whitworth Drive and Fairfax Boulevard. According to the Los Angeles Times, the two officers who were injured in the accident sustained back and neck injuries and were treated at a local hospital.

This will likely be considered a work accident and the officers should be able to make a workers’ compensation claim for their injuries. Also, because the suspects left the vehicle and fled the scene on foot, police will be able to determine who the owner of the vehicle was. This will help investigators determine if the owner was involved in the Los Angeles car accident or if the car was stolen from the owner prior to the accident, in which case the owner may not bear any legal liability.

If the owner carried liability insurance, and was the driver or allowed someone else to drive the car, the police officers may make a bodily injury insurance claim against the owner’s insurance coverage. If no insurance is found, then the police officers may make a claim with their own uninsured motorist coverage, which may be covered by the police department for this type of situation.

San Diego Taxi Accident Injures 35

February 14, 2011 | by Robert Walch

35 people in San Diego, California were injured this weekend in a serious auto v. pedestrian accident when a taxi cab went out of control and into a crowd of people outside the popular Stingaree nightclub in the Gaslamp District of the city.

The San Diego accident happened at approximately 2:00 a.m., which is right around the time when the club closes and there is a mass exodus of people leaving the club, as witnessed by one of our attorneys on a prior visit to the nightclub.

According to San Diego police, the taxi cab driver was pulled out of the car after the accident and attacked by an angry crowd, resulting in only a broken nose. It is unclear at this time whether the taxi driver had blacked out or fallen asleep prior to the car accident.

Initial reports said that of the 35 people who suffered injuries in the San Diego taxi accident, six were in critical condition. It has since emerged that 23 people were taken to the hospital and none of the injuries were considered life threatening. The injuries reportedly included a woman with a severed limb, as well as others with broken limbs, bruises and scrapes.

There are many legal ramifications for an auto versus pedestrian accident such as this. One important legal factor will be the driving and medical histories of this taxi driver. If the driver has been involved in other accidents or has a history of blackouts or other such occurrences, the taxi company may be subject to a punitive damages claim for placing the public in danger by employing this person. The taxi company should also be held responsible for the injuries caused by its employee while on the job. Because there may be 35 or more people making a claim against the taxi company, the financial ramifications may end up being quite severe.

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.

Studio City Work Accident Kills Construction Worker

February 10, 2011 | by Robert Walch

A work accident in Studio City, California, has resulted in a construction worker being killed when the trench he was working in collapsed. It is unclear at this time what caused the Studio City work accident death.

When an employee is injured on the job, he or she is usually entitled to California workers’ compensation benefits, which California employers are lawfully required to for. According to the California Department of Industrial Relations, workers’ compensation provides for six basic benefits: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and death benefits.

Occasionally, an injured worker will have both a workers’ compensation claim as well as a personal injury claim against the responsible party or entity that caused the injury. While workers’ compensation is designed so that fault for the injury does not need to be proved, the personal injury claim depends on who carries the fault, or liability.

If the driver of a big rig truck is injured in a car accident in California, the driver will usually have a workers’ compensation claim against his employer’s workers’ compensation coverage. However, if the accident was caused by the other driver, the injured truck driver may also make a personal injury claim against the responsible party.

In situations like this, it is usually beneficial for the injured worker to have a workers’ compensation attorney and a personal injury attorney who can work together and share information to maximize the financial recovery for all injuries and damages.

Pedestrian Killed in Riverside Metrolink Train Accident

February 9, 2011 | by Robert Walch

According to the Los Angeles Times, a Metrolink train accident has killed a girl in Riverside, California. The Metrolink Train hit the pedestrian on Tuesday. The girl who was hit by the train in Riverside, who was a minor, passed away as a result of the impact.

According to the Riverside Police Department, who interviewed witnesses, the girl allegedly waited for a freight train to pass. After the train passed, the girl, who probably believed it was safe, walked around barricades and was hit by a Metrolink train. According to witnesses, the girl also ignored warning lights and bells of the Metrolink train. Unfortunately, this could have been due to the noise from the freight train.

If it is proved that Metrolink was negligent, the girl’s family may have a Riverside wrongful death claim. Investigators will have to determine if the warnings were sufficient and whether a different type of warning, possibly one that indicates that two trains would be passing, should have been used to prevent this tragic death.

We have seen in the past how people wait for a train to pass and immediately cross tracks after the train, not realizing that a second train could be approaching from a different direction, blocked off from site by the first train. For this reason, it is always important to follow all railroad track warnings and never to cross the tracks until it is completely safe to do so. As can be seen, attempting to save a few seconds by crossing a railroad barricade before it goes up can lead to tragic train accident injuries and/or death.

Porsche Totaled in Huntington Beach Car Accident With City Truck

February 8, 2011 | by Robert Walch

A Huntington Beach car accident has resulted in a government claim for payment made on behalf of a man who had his Porsche totaled by a city truck. The claim is being made by the man’s insurance company, Mercury Insurance Group, against the city for the value of the vehicle.

The likely reason why the insurance company is making the claim would be that the insurance probably already reimbursed the man for his damages, and now is seeking subrogation from the responsible party, the city of Huntington Beach.

In the car accident in Huntington Beach, the city truck allegedly ran a red light, which was confirmed by a witness, and collided with the Porsche, rendering it a total loss. Even though the police report placed the city vehicle at fault, the driver of the city vehicle said that he had a green light.

Our office is currently handling a case against the city of Los Angeles for a client who was also hit by a city truck, in a disputed red light case. Even though there is a witness saying that the driver of the city truck, and not our client, ran the red light, the city driver is claiming, like in this case, that he had a green light at the time he entered the intersection.

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.

Super Bowl Sunday, Enjoy Responsibly

February 5, 2011 | by Robert Walch

This Sunday, at 3:30 p.m. Pacific Time, the Pittsburgh Steelers play the Green Bay Packers in Super Bowl XLV. Many people will be watching the game throughout California in home parties or at sports bars.

Due to the serious and potentially disastrous effects of drunk driving, including the possibility of a dui arrest, a car accident, injuries or death, we wish to remind everyone to enjoy the game responsibly. If you are going to be drinking while watching the game, make sure you have a designated driver or a taxi lined up to take you home.

The Super Bowl should be enjoyed, but not at the expense of someone’s life, including your own. Please do not drink and drive and have safe and fun Super Bowl watching experience.

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.