California Personal Injury Lawyers Blog

Man Killed in Malibu Pedestrian Accident

February 27, 2013 | by Robert Walch

A pedestrian accident in Malibu has resulted in the death of Luis Olmedo, who was hit by an SUV when crossing Pacific Coast Highway. The Malibu pedestrian accident occurred at about 6:45pm yesterday, near Decker Canyon. According to the Ventura County Star, the investigators say that alcohol and speed did not play a part in the Malibu accident. Investigators did apparently say that they believe Olmedo was at fault.

The Los Angeles County Sheriff’s Department is investigating the case and said the man was fishing at El Pescador Beach before he tried to run across PCH. After the man was hit by the car, the driver called 911. Emergency responders were unable to save him and Mr. Olmedo was pronounced dead.

In over 35 years of handling California personal injury accident cases, we have seen many Pacific Coast Highway car accidents. Unfortunately, despite the sometimes heavy police presence, many drivers tend to drive too fast on PCH, leading to many Malibu car accidents. Also, as the main access road for many residents of Malibu, we see a lot of drunk driving arrests and crashes on PCH. So far, however, there is no evidence that speed or alcohol caused this PCH accident.

Helicopter Crash – 3 People Killed in Los Angeles Work Accident

February 22, 2013 | by Robert Walch

A Los Angeles work accident has resulted in the deaths of the pilot and two passengers of a helicopter, in Polsa Rosa Ranch, California. According to the Los Angeles Times, the helicopter accident occurred during a production of a reality television show for the Discovery Channel. The pilot of the helicopter, David Gibbs, from Valencia, had apparently been involved in other incidents in which he was reprimanded by the FAA.

Many safety issues have come up regarding this particular helicopter crash. First, it has been questioned whether Mr. Gibbs, given his safety record, should have been hired to work on this project. Also, it must be answered why the helicopter was flying at night, in a hilly area with poor visibility. The Los Angeles helicopter accident resulted in the deaths of a crew member and a cast member of the reality based television show that has not yet been named.

According to the L.A. Times, there is currently debate in Hollywood as to the safety of filming certain reality tv shows. It is alleged that deaths and work injuries have occurred due to an attempt to show dramatic footage and cut costs involved in the production of the shows.

Ventura Bicycle Accident Kills Bicyclist

February 18, 2013 | by Robert Walch

A 41 year old bicyclist was killed in a Ventura County bicycle accident on Sunday. The bike accident occurred in Piru, California, which is located in Ventura County. The victim of the bike accident was Jose Jimenez Cervantes, who is from Fillmore, California. According to the Ventura County Star, the victim was struck by a pick up truck driven by Alberto Velgara, who is from Piru.

The Ventura bike accident apparently occurred around 6:30pm on California Highway 126. The California Highway Patrol is investigating the cause of the bike crash. The CHP has said that the victim was not wearing protective lighting equipment or a helmet. The pickup struck Mr. Cervantes from behind, while he was riding on Highway 126. The highway had to be closed for about 90 minutes after the Piru bike accident, for the CHP to conduct its investigation. The findings of the investigation have not yet been released.

UNUM Provident Insurance – Bad Faith Insurance Practices?

February 13, 2013 | by Robert Walch

We are investigating allegations of bad faith insurance practices and conduct by UNUM Insurance, also known as UNUM Provident Insurance, including allegations of UNUM conducting biased investigations in order to deny benefits to its own insureds.

Insurance bad faith refers to a claim that insureds and sometimes others may bring against their own insurer for the insurance company’s bad actions and wrongful conduct, including wrongfully denying claims, delaying payments and communications, and unreasonable and improper investigation practices and tactics.

We are informed that UNUM is one insurer with a history of complaints made against it for bad faith handling of claims, including disability claims.

The UNUM web site states, “Unum is a leading provider of financial protection benefits in the United States and the United Kingdom. Unum’s employee benefits portfolio includes disability, life, accident and critical illness insurance, which help protect millions of working people and their families in the event of illness or injury.”

However, research into UNUM has revealed numerous allegations and complaints of bad faith insurance practices, including the following allegations:

Pickup Truck Driver Killed in San Bernardino Bus Crash

February 6, 2013 | by Robert Walch

The San Bernardino bus accident in Yucaipa, California, over the weekend, has resulted in an eighth fatality, the death of the driver of the pickup truck that was struck by the bus. According to the Los Angeles Times, Fred Bailey Richardson passed away this morning from his truck accident injuries. Richardson had been receiving care at the Intensive Care Unit at Loma Linda University Hospital since the crash.

According to reports, Richardson was driving his pickup truck up California 38, to his home, which was only about four miles away, in Mentone, California, when his truck was struck by the out of control bus. The bus apparently rolled over the pickup truck. The exact cause of the San Bernardino truck accident has not been officially released. However, it has been reported that this particular bus company, Scapadas Magicas, from National City, California, and possibly the specific bus involved in the crash, had a history of safety issues and violations. According to the L.A. Times, this particular bus company was placed on a federal watch list, meant to lead to increased roadside inspections.

The other wrongful death victims of this tragic San Bernardino bus crash included three bus passengers from San Diego, California, and four bus passengers from Tijuana, Mexico.

8 Killed in San Bernardino Bus Accident

February 4, 2013 | by Robert Walch

A tour bus accident in San Bernardino yesterday has resulted in eight deaths and at least 30 injuries. The San Bernardino bus accident apparently occurred when a tour bus, being operated by Scapadas Magicas of National City, lost control near Yucaipa, California. The tour bus then collided with a truck and a passenger car.

The San Bernardino accident occurred on route 38, which is a mountain road leading from Big Bear Mountain, California. According to the Los Angeles Times, the tour bus appeared to have been from Tijuana and was going back to Tijuana at the time of the Yucapia bus crash.

The California Highway Patrol reported that the truck, with one occupant, was crushed when the bus rolled over it, while the passenger sedan had three occupants. Seven California wrongful death victims were from the tour bus. Among the 27 people who had to be taken to hospitals, about six were listed in critical condition.

One Killed in Los Angeles Car Accident

February 1, 2013 | by Robert Walch

One alleged robbery suspect was apparently killed this morning in a freeway accident in Los Angeles. According to the Los Angeles Times, the Los Angeles freeway accident occurred after police received a call about a robbery at a 7-11 convenient store. Officers saw a vehicle which they said was driving recklessly, and a high speed chase occurred.

During the chase, the suspects’ vehicle crashed into another vehicle on the northbound 5 freeway, at the interchange with the 110 freeway. After the crash, the suspects’ vehicle flipped over, trapping the three suspects inside. One of the suspects in the robbery died as a result of his injuries from the Los Angeles car accident. One other suspect had to be hospitalized for his car accident injuries, while the third was taken into police custody.

There were no immediate reports about injuries to the occupants of the vehicle that was struck by the suspects’ car. Based on the lack of information, it is assumed that there were no serious injuries in that vehicle.

At Least 231 Killed in Brazil Nightclub Fire

January 28, 2013 | by Robert Walch

A nightclub fire in Brazil early Sunday morning has resulted in the deaths of at least 231 people. According to the New York Times, the fire, which occurred at the Kiss nightclub in Santa Maria, Brazil, apparently started when a flare from a stage performance ignited the ceiling. It is possible that the flare ignited exposed wiring, leading to the tragic nightclub fire.

Patrons at the nightclub died from fire injuries, including smoke inhalation, as well as from being trampled to death in the scramble to exit the club. In addition to the deaths, over 100 people were injured, including many in critical condition.

Some reports have indicated that security may have blocked some people from exiting the club. One of those reports said that security was making people pay their tabs before leaving. If true, the actions of the security may have led to many more lives being lost in the fire.

San Pedro Motel Fire Injures At Least 14

January 22, 2013 | by Robert Walch

At least 14 People were injured in a motel fire in San Pedro, California today. The motel fire occurred at approximately 3:30 this morning and 150 firefighters responded and had the fire extinguished by about 4:00 a.m. Of the those who were injured, 12 had to be hospitalized for their fire and burn injuries. The motel fire injuries included third degree burns and smoke inhalation. Of the 12 who had to be taken to the hospital, three victims were listed to be in critical condition.

The motel fire, which occurred at the Palos Verdes Inn, may have injured as many as 17 people, including a police officer who reportedly suffered a smoke inhalation injury.

According to the Los Angeles Times, some guests at the motel climbed to the roof to escape the fire, and apparently one guest jumped from the roof to escape. Due to the speed at which the fire moved through the motel and because of the heat it generated, the Los Angeles Fire Department is investigating the fire as a possible arson. The fire department also said that smoke detectors were quickly overcome by the heat of the fire.

NO AMUSEMENT PARK LIABILITY FOR BUMPER CAR PERSONAL INJURY ACCIDENT

January 7, 2013 | by Robert Walch

The California Supreme Court has sided with Great America Amusement Park in an important bumper car accident case.

In a decision limiting liability of amusement parks for amusement park accidents to patrons, the California Supreme Court ruled on December 31, 2012, that the Great American Amusement Park is not liable for amusement park injuries suffered to a rider of a bumper car resulting from the inherent nature of the attraction.

The California Supreme Court previously held in a case relating to sports (touch football) injuries: “In cases involving ‘primary assumption of risk’–where, by virtue of the nature of the activity and the parties’ relationship to the activity, the defendant owes no legal duty to protect the plaintiff from the particular risk of harm that caused the injury–the doctrine continues to operate as a complete bar to the plaintiff’s recovery.” Knight v. Jewett (1992) 3 Cal. 4th 296. The court now has extended this doctrine to recreational activities, limiting liability for injuries resulting from amusement park rides.

In a suit brought by Smriti Nalwa, due to her fracturing her wrist while trying to brace herself by putting her hand on the car’s dashboard in a head on bumper car collision, the California Supreme Court ruled 6 to 1 that her accident injury was caused by the collision with another bumper car, a normal part of the ride. According to the Los Angeles Times (AA1, January 1, 2013), the court stated, “A small degree of risk inevitably accompanies the thrill of speeding through loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions. Those who voluntarily join in these activities also voluntarily take on their minor inherent risks.”

In analyzing the legal doctrine of assumption of the risk and recreational activities that inherently involve some risks, the court stated that riders assume some risks when voluntarily riding on bumper cars, specifically stating “[T]he primary assumption of risk doctrine is not limited to activities classified as sports, but applies as well to other recreational activities ‘involving an inherent risk of injury to voluntary participants . . . where the risk cannot be eliminated without altering the fundamental nature of the activity.’ (Beninati v. Black Rock City, LLC, supra, 175 Cal.App.4th at p. 658.)”