All About Personal Injury

Huntington Beach City Blamed for Junior Lifeguard’s Death

2009-11-20T17:54:00.000-08:00

The government is required to protect the welfare of everyone it governs. It may be considered liable if a person dies due to the negligent act of another person.

A wrongful death claim was recently filed against Huntington Beach City relating to the death of an 11-year-old junior lifeguard after she was struck by a boat during a routine exercise in the ocean.

The claim asks for damages in excess of $10,000 for personal injuries, emotional distress and damages connected with the death of Alyssa Squirrell. The clam, which also names all of Alyssa’s family members, asserts that Huntington Beach lifeguard Lt. Greg Crow caused the girl’s death because he operated the boat negligently.

She was participating in a drill wherein junior lifeguards would jump off the back of a boat towards the ocean. Alyssa was in the water but has not joined her group when Crow turned around and hit her. The impact caused her to sustain deep cuts to her hip and leg.

Orange County prosecutors said that no criminal charges will be filed against Crow.

Crow should have been extra careful while operating the boat because he is aware of the ongoing training. On the other hand, this fatal accident may have been avoided if only the girl remained with the group.

Motorcycle Accident Triggers SigAlert

2009-11-20T11:31:00.000-08:00

Road accidents not only cause physical harm but it can also result to heavy traffic or road closure. In fact, a recent motorcycle accident that injured a motorcyclist also caused two lanes on the southbound 57 freeway at East Lambert Road to be blocked.

A SigAlert was issued after a motorcyclist was struck by a black Toyota Sequoia along the area.

According to authorities, the motorcyclist who was identified as Jorge Perez, 39, sustained moderate injuries and was brought to UCI Medical Center. Perez was riding a 2001 Suzuki motorcycle, reports said.

Vehicle divers should always be aware of the presence of other road users. On the other hand, motorcyclists should also exert extra care while moving near other vehicles because they know that they may be unnoticed by drivers.

Street Racing Results to Crash; Kills Child

2009-11-17T22:39:00.000-08:00

A 6-year-old girl was recently killed in a vehicular crash apparently caused by the street car racing of two vehicles.

Lisa Xavier and her mother were reportedly on a vehicle when one of the two racing cars hit them. The mother remains hospitalized after sustaining serious injuries while young Lisa died a day after the hit-and-run accident.

Initial investigations show that the vehicle that hit Xavier’s car was running a red light. After the crash, he got out of the vehicle and rode with the other driver and fled the scene.

This recent accident is especially alarming as cautious motorists were victims of a hit-and-run. It shows how one can never be fully protected from car collisions even if their kids are with them.

The family of the victim can file a wrongful death suit and be compensated for the damages on their part but it can never replace the lost life of a little girl.

Deadly Defects in Motor Vehicle Accidents

2009-11-13T20:31:00.000-08:00

In North Country, two people were killed in a crash when their SUV rolled over as they drove off Interstate 15 near the Deer Springs Road exit.

According to the California Highway Patrol, the SUV went down an embankment when it got off the freeway. A person survived the crash but the survivor’s condition remains unknown. The driver allegedly lost control of the vehicle when one of the SUV’s tires had a blow out causing it to overturn.

Similarly, in Pacifica, an 18-wheeler truck wrecked havoc when it lost its breaks. Although the runaway truck struck down trees, crushed a car and crashed into an occupied home, there was no one injured by the accident.

An important aspect of motor vehicle safety is the proper maintenance of cars and their equipment.

Tire and break failures are the two most common and often deadly, motor vehicle defects.

While tires can be worn out due to overuse, tire tread failure is a common tire defect. Break failure can also occur due to poor maintenance and defective or failure-prone components.

In order to ensure your vehicle’s safety standards, it is always important to get it checked all the time. Having a tire blow out in the middle of a free way is one of the most dangerous things that can happen to you so proper care and vigilance over your own car should be practiced.

But if ,despite the exercise of due diligence in the maintenance of your car, you still get into an accident, the car or equipments manufacturer can be held liable under Product Liability Laws for the injuries you sustain from the accident caused by manufacturing or design defects.

Repeat DUI Offenders Still Get Licenses in California

2009-11-12T20:43:00.000-08:00

Many are now complaining about a provision in the state laws of California which allows repeat offenders of DUI to still secure their driver’s licenses.

The complaints are ignited by the conviction of a 42-year-old man who was found having a driver’s license when he committed his ninth DUI violation.

Reports show that the man hadn’t killed or injured anybody and so he was still granted to have a driver’s license.

Repeat offenders may take advantage of California’s policy on DUI and become increasingly risky drivers that could potentially lead to fatal car collisions.

DUI policies in each state should be reviewed and rewritten in order to fit the present violations and lessen fatalities that could arise from them.

Maclaren Recalls Strollers after Finger Amputation Incidents

2009-11-11T20:42:00.000-08:00

Maclaren has announced a product recall of more than 1 million strollers manufactured since 1999.

The product recall came after the Consumers Product Safety Commission received reports about 12 different cases wherein children’s fingertips were amputated after getting caught in the stroller’s hinge.

The affected models are:

• Volo
• Triumph
• Quest Sport
• Quest Mod
• Techno XT
• Techno XLR
• Twin Triumph
• Twin Techno
• Easy Traveller

Most of the strollers were sold on retail stores like Babies R Us and Target from 1999 until November 2009.

The prices range from $100-360.

Buyers are advised to stop using said strollers.

The family of the injured children should also consult a product liability lawyer to know their legal options in terms of going after the stroller manufacturer.

Under the product liability law, even if the manufacturer did not commit any acts of negligence, if their product has a safety defect that caused injury then they can still be held liable.

For those who are using the said strollers, heed the warning and stop using the strollers.

Do not think that it won’t happen to you because most victims felt the same way before the accident.

If you are using any of the said strollers or if you need more information about the product recall, you can contact Maclaren USA on their USA toll-free numbers 877-688-2326 between 8am to 5pm ET, Monday through Friday.

Road Rage Leads to Doctor's Conviction

2009-11-09T10:48:00.000-08:00

A physician from Los Angeles was recently convicted of assault with a deadly weapon, mayhem, reckless driving, and battery causing serious injury after he swerved in front of two cyclists causing them to crash on the back of the vehicle.

Reports indicate that the 60-year-old emergency room doctor was arguing with the said bikers before the act of violence occurred.

Road rage presents a serious threat to motorists especially when a motored vehicle is intentionally used to inflict injuries and damages to others.

Victims of these acts of violence must immediately hire a personal injury lawyer and avoid having negotiations with the other party without advice from their lawyers as this can greatly compromise possible settlements or litigation that may ensue.

School Modernization Caused Student to Suffer Crushed Finger

2009-10-29T00:22:00.000-07:00

Children often consider schools as their second homes because they spend much of their time there, as well as being the place wherein they are molded to become better and wiser people. Due to the trust that was given by both children and parents to school authorities, the latter are required to make sure that they maintain a learning environment that is free from dangerous hazards.

A former Huntington Beach High School student did not receive this kind of protection and she was hurt in an accident caused by negligence. An amount of $37,000 was given as a settlement after a lawsuit was filed against the school district when a campus door crushed her left index finger.

Angeles Contractor gave a check to Alexina Karsh, 19, to settle a case that lasted for over one year.

The lawsuit that was filed against the school in June 2008 claimed that an open door in the campus was not properly secured and the wind caused it to shut on the victim’s finger. Her mother said that although the finger was not broken, it bled profusely and needed to be stitched.

Officials said that the door was included in the campus remodeling.

Furthermore, the district denied such allegations stating that the girl committed negligence or she was unable to properly use the doors, as stated in the court documents.

Educational institutions are required to provide students proper security against preventable harm. School officials should also make sure that all school facilities are safe to use by students. They can achieve their goal of building a safe learning environment by hiring competent people who will work on school properties.

Mother Injured, Baby Narrowly Missed when Car Slams into Residential House

2009-10-22T00:08:00.000-07:00

Negligent drivers are liable for the injuries and property damages that resulted from their actions. Other road users are not the only ones susceptible to such harm. Even people who are in their houses may suddenly suffer when a car accident happens.

This scenario may be clearly seen in an accident involving a car that crashed, overturned, and slid into a private house in Simi Valley.

The incident occurred in the 3300 block of Royal Avenue. A woman and her nine-week-old baby were in the living room when the vehicle suddenly entered the house, narrowly missing the baby.

Both were brought to Simi Valley Hospital for medical assessment. The mother suffered from a broken leg while the baby was reportedly taken back home by the father.

Authorities said neither alcohol nor drugs was a factor in the accident.

Although the driver will surely receive punishment for the harm his or her actions caused, the penalty will not be too grave because no one luckily died in the incident. This may teach other drivers the importance of driving cautiously especially when they are traveling along residential or school areas.

Rollover Accident triggers SigAlert

2009-10-20T23:12:00.000-07:00

It has become common knowledge that SUV vehicles are more prone to rollovers compared to other vehicles in the occurrence of accidents. The vehicle’s design can make it susceptible to rollovers.

In fact, a black Lexus RX 330 SUV overturned due to an accident that recently happened on I-405 freeway at Beach Boulevard. Four lanes along the southbound area were blocked due to the incident.

SigAlert was issued when the accident happened but it was canceled later on.
Authorities said a Ford Expedition and Honda Odyssey van were also involved in the incident.

The person driving the Honda was brought to Fountain Valley hospital after he was cut out of the vehicle. Meanwhile, the driver of the Lexus was brought to Long Beach Memorial Hospital.

Although no one died in the accident, the seriousness of the issue concerning SUVs and rollovers should not be ignored. Injuries may be sustained or lives may be taken next time this vehicle overturns.

Car manufacturers may be held liable for injuries sustained in rollover accidents caused by manufacturing or design defects. To determine liability in accidents caused by defective vehicles or vehicle parts, a victim must consult with an experienced personal injury lawyer.

Prosecution Stresses Defendant’s Drug Use in Fatal Crash

2009-10-19T22:04:00.000-07:00

Being accused of operating a vehicle while impaired by alcohol or drugs is a matter that should not be ignored. If the accusation was proven as true, serious punishments will await the defendant.

In a case that involves drug use as a cause of an accident, the prosecution will use testimonies from experts to prove that the defendant actually took such substance and he or was affected by it.

This is the goal of the prosecution team in fatal accident that occurred on Aug. 29, 2009. Deputy District Attorney Susan Price asked witnesses in a trial at Orange County Superior Court to state that the defendant, Jeffrey Woods, was impaired and under the influence of drugs when he struck Danny Oates.

Oates is a 14-year-old bicyclist who was struck by the defendant while he was on his way to get his school schedule.

Witnesses were called to testify that the defendant had traces of Vicodin and Xanax in his system after the accident.

A former forensic scientist with the police department said both drugs and text messaging would have made it hard for the defendant to maintain his speed, drive in his line, and react to different hazards.

However, defense attorney Scott Well has been continuously saying that his client had a seizure during the accident and had no control over his vehicle.

Wood pleaded not guilty to one felony count of driving under the influence and causing bodily injury and another felony count of vehicular manslaughter with gross negligence while intoxicated. He will be given a maximum sentence of 10 years in state jail if found guilty.

Complicated legal processes like this one may be easily avoided if only drivers would abide all traffic rules. Following these rules will help in saving lives and avoiding injuries.

[Blog Action Day] Physical Injury Caused by the Adverse Effects of Climate Change

2009-10-15T17:33:00.000-07:00

Climate change is a topic that is widely talked about because its effects can be felt by everyone. Natural disasters like earthquakes and typhoons are attributed as some of its known effects that already destroyed properties and taken the lives of people.

A 7.9 magnitude earthquake in Indonesia killed hundreds of people and damaged properties. According to United Nations Office for the Coordination of Humanitarian Affairs (OCHA) New York, with additional data from OCHA Indonesia, 809 deaths were already confirmed by the National Disaster Management Agency (BNPB).

The earthquake that happened in West Sumatra in September 30, 2009 also caused severe damage to over 133, 739 houses.

In the Philippines, the National Disaster Coordinating Council stated that typhoon Parma and Ketsana killed over 600 people. Aside from the fatalities that resulted from drowning in the water, many people were also killed due to landslide.

Landslide is a disaster involving the breakup and the downward flow of mud, rocks, water, and anything that is caught in its course.

The total number of people who were affected by both typhoons already reached 6.8 million. Typhoon Ketsana hit the country late in September while Parma was felt early in October 2009.

Who is to blame for these natural disasters?

Climate change may be caused by natural forces and human actions. Some of the natural forces that may be responsible for it include ocean currents, volcanoes, continental drift, and meteorites or comets.

On the other hand, human actions may increase the quantity of greenhouse gases. These gases are responsible for letting the rays of the sun enter the earth. However, it also prevents much of the heat from leaving.

If more greenhouse gases were released into the in the planet’s atmosphere, it can cause the greenhouse effect to become stronger. The earth’s climate may unnaturally change if more heat is trapped in the planet.

Two examples of human activities that can cause this to happen are cutting of trees and burning of fossil fuels.

It is up to the people if they want to prevent the different effects of climate change from happening. Simple actions can save millions of lives and properties.

Driver of Stalled Car Gets Out, Killed, Causes Chain Accident

2009-10-12T20:16:00.000-07:00

Magdalena Wojciechowska, 25-year-old, was declared dead moments after she was brought to a hospital for treatments of her injuries she suffered when she was hit by a pick-up truck.

Wojciechowska reportedly got out of her Volvo when it suddenly stopped. The driver of the Toyota Tacoma tried to avoid the Volvo by changing lanes but hit Wojciechowska in the process.

Another vehicle, a Ford Escort, hit the rear of the Volvo which sent it to the right side of the lanes where it burst into flames. The fourth vehicle rear-ended the Escort.

Two other women drivers, along with Wojciechowska, were brought to a nearby hospital where Wojciechowska later died.

In cases of chain accidents, liability will be determined on the extent of the damages that a certain motorist caused. It is wise for Wojciechowska to have gotten off her vehicle but she should have stayed off the road or put warning devices on the back of her vehicle to warn other motorists of its stationary position.

Student Walking to School Injured by SUV

2009-10-12T19:13:00.000-07:00

For most drivers, school zones are considered risky and accident-prone areas because of the presence of students and pedestrians. As expected, drivers should slow down or yield to pedestrians when approaching public places such as schools, hospitals and malls.

On the other hand, students should also be careful while they are walking. They should not endanger themselves by being in an area used by drivers.

A 12-year-old female student who was walking with her friend to school was struck by an SUV when she moved onto the street to avoid being wet from a sprinkler nearby.
According to the mother of the girl’s companion, Kathi Niehaus, both girls when on their way to Ladera Vista Junior High School at Wilshire and Annin avenues in Fullerton when one of them moved onto the street.

Afterwards, she was struck by a white Infiniti SUV.

The girl was not severely injured but was noticed having a splinted ankle. She was then brought to a hospital.

Although the girl made a mistake when she suddenly stepped onto the street, the SUV accident still might not have happened if the driver was more cautious.

Parents should constantly remind their children the importance of walking along a safe area. By doing his, children will learn how to take care of themselves even if they are unsupervised.

Metrolink to Install Cameras on its Passenger Trains

2009-10-08T21:30:00.000-07:00

Metrolink has announced its plans to install video cameras in all its commuter trains to reduce the occurrence of fatal train crashes.

Metrolink currently has the highest fatality rate compared to the other larger rail systems in the US.

The move comes after the now infamous Chatsworth train accident that killed 25 people after a Metrolink passenger train collided head-on with a Union Pacific freight train last September 12, 2008.

Investigations of the train accident show that the Metrolink engineer, Robert Sanchez has been text messaging only seconds before the crash.

Now, one year after the accident, Metrolink will have cameras on all 52 passenger trains pointing into each locomotive cab as well as outside facing forward to record activities in front of the train.

The union that represents train engineers opposes putting cameras in trains, and some safety experts doubt its effectiveness.

However, a lot of people see the potential of this move in decreasing man-made errors that causes accidents.

The union may claim invasion of privacy but under California law, it could only apply if the employee has an expectation of privacy.

Since the Metrolink authorities have provided notice of when and where the cameras will be placed, it may be argued that it already took away the expectation of privacy since they were already informed.

Although providing notice would take away the element of surprise, it would also deter the people being monitored from committing the conduct that is sought to be monitored.

Hopefully this move will greatly reduce Metrolink accidents by keeping their employees focused on their work.

For more information about related laws regarding video monitoring in the workplace, you should consult an employment law attorney for more details.

Drunk Teen Drivers: After the Crash

2009-10-07T00:25:00.000-07:00

Milad Moulayi was 16-years old on the night his schoolmate Mackenzie Frazee died. Mackenzie wanted to go home from the party and Milad, who had the keys to his mother’s Mercedes-Benz, insisted on driving her home even after 10 shots of Sailor Jerry rum.

Despite several warnings from friends not to drive after drinking, Mackenzie got in the car with Milad. She was eager to get home because she did not have the permission to be at the party. But little did she know that getting in the car with the drunken teen was an even bigger mistake than sneaking out to a party.

Their car, which was going in excess of 100 mph down Newport Avenue crashed into a concrete light pole. The strength of the crash sliced the car in two and Mackenzie died from massive blunt force trauma.

Now 18, Milad was recently sentenced by Superior Court Judge Carla Singer to the maximum term of 15 years to life after he was convicted of second-degree murder for the death of Mackenzie. The judge told Milad that he committed a "brutal and violent crime, knowing and understanding that you were not supposed to drive."

Most recently, in Laguna Niguel, a 15-year old boy killed an active US soldier when the car he was driving at a speed of more than 100 mph hit a curb and rolled over down a hillside.

25-year old Nicholas Clayton, an active member of the U.S. Army, was the passenger of the teenager who was driving drunk and without a valid license. He was ejected from the rolling Lexus and his body was found near the intersection of Camino del Avion and Niguel Road.

The accident is still under investigation due to conflicting statements made by the driver. The recent blood tests show that despite the teen’s allegations that he was drunk, his system had little or no alcohol.

The minor has been booked for vehicular manslaughter.

If drinking and driving don’t mix, adding teenagers to the combination certainly spells disaster in all caps.

A lot of kids think they can get away with driving without a license, drinking and driving, speeding, and other dangerous driver behavior simply because they’re too young to go to jail. In short, they think they can get away with anything.

But that is not always the case. When the crime is grave enough, they can’t escape the consequences of their actions and would be tried as an adult under the eyes of the law they sought to circumvent.

They may have survived the accident but when faced with criminal charges, there might not be a lot left of their lives after the crash.

Guilty Plea for Drunk Driving

2009-10-02T22:01:00.000-07:00

Roger Avary may have written great screenplays but certainly what happened in a Ventura County courthouse was not among his masterpiece.

Avary who previously pleaded not guilty to gross vehicular manslaughter and other charges changed his plea to guilty on all counts. Consequently, he received five year probation in addition to 365 days in jail.

The sentence was brought about by Avary’s crashing his Mercedes Sedan into a telephone pole while intoxicated. The collision killed passenger Andreas Zini and injured his wife Gretchen.

Zini’s parents and widow attended the sentencing. The court was informed that Avary had already settled the civil aspect of the case for $4.1 million.

Alcohol impaired drivers could be attributed to almost 14,000 deaths annually or 32 percent of all traffic-related deaths United States.

Authorities already implemented measures to reduce alcohol-related accidents. These measures include:

• Enforcement of 0.08% BAC laws, drinking age laws and zero tolerance for drivers below 21 years old
• Revocation of driver’s license
• Putting up sobriety checkpoints
• Mandatory substance assessment and treatment for DUI drivers
• Implementing multi-faceted community-based approaches

The above measures would be futile if they are not aggressively implemented and observed.

For victims of car accidents, a personal injury lawyer may be employed to pursue compensation claims against the negligent driver.

Panicky Diver Drowns

2009-10-02T16:58:00.000-07:00

Water recreational activities like diving is fun but it can also be deadly considering the risks involved when the person’s body is underwater.

Equipments like tank and weight belt are used to protect divers. However, improper use of these equipment could result in injuries or death.

A situation wherein diving equipment contributed to a man’s death may be seen in the case of Daniel Forchione, a University of Arizona Police Department officer who drowned because he panicked on the water’s surface.

The diver was on vacation with his family along Sunset Cliffs in San Diego. when the drowning accident occurred.

Rich Silanpa, president of Dive Connections in Mission Bay told investigators that Forchione and his two diving companions were on their way back to their chartered boat after doing their second dive when he became separated from them,

According to Silanpa,Forchione removed his tank while he was still wearing his weight belt. The diver may have panicked because of it.

People should always remember that panicking will only make the situation worse. Being calm and thinking rationally may save people when they are in a dangerous situation.

Doting Mother Killed By Reckless Teen

2009-10-02T00:43:00.000-07:00

A recent car accident involving a teen driver who slammed onto a vehicle minutes after a hit-and-run has killed a single mother in San Diego Sunday morning.

Pamela Sue Marabeas, 53, was reportedly on her way to work when her vehicle was hit on an intersection by a reckless 17-year-old girl who was reportedly involved in a hit-and-run earlier that day.

Marabeas died and the girl is still undergoing treatment for her injuries.

This accident supports statistics which shows that teens are more prone to accidents because of their little experience in driving. For this, parents should constantly remind their children of the dangers and responsibilities involved in driving so as to avoid accidents.

The daughter of the victim described her mother as a loving and caring mother who worked two jobs to support her and her brother’s needs. This should be an awakening to all drivers that they can still die from accidents even if they cautious enough on roads.

The victim’s family can seek compensatory damages which would cover the loss of enjoyment of life, pain and suffering, and lost wages among others.

Contractor Falls Head First Onto Concrete Pit

2009-09-23T22:29:00.000-07:00

A 48-year-old Boeing Campus contractor Angel Celaya died from injuries after he fell off a scissor lift that is about 15 feet above the ground onto a 6-feet deep concrete pit that is undergoing construction.

The unfortunate accident only proves that companies should provide equipments that would prevent these foreseeable accidents from happening. If it is proven that the company has been negligent in providing care for the contractor, they can face a premise liability case which can taint their reputation and affect their relationship with their workers.

Employers should be cautious and always look after the welfare of their workers to avoid accidents wherein they can be held liable for. This can assure them of a harmonious working relationship with their workers which will benefit the company.

Dangers on Highway 41

2009-09-14T22:42:00.000-07:00

Various factors contribute to a fatal car accident. Driver’s conduct is the most common cause. However, other factors such as road conditions also increase the chances of getting into a car accident.

Highway 41 in Madera County is feared by many motorists like former Fresno firefighter Herman Hamm. Hamm is a motorcyclist who had been to dangerous terrains and treacherous mountains but when it comes to Highway 41, he had different fear.

Highway 41 is a notoriously perilous route as it is full of curves and hills and shoulders. The number of vehicles had increased to 70 percent due to the erection of the Chukchansi Gold Resort & Casino and the development in the foothill communities of Coarsegold and Oakhurst. Consequently, cars and trucks crammed the two-lane road which was abruptly cut off by walls of rock or precipitous ledges.

According to California Highway Patrol, 47 people have died in crashes and 635 non-fatal accidents happened in 2003 alone. CHP and Caltrans officials said that the innate dangers that the highway brings coupled with the increase in traffic is what makes it treacherous.

Authorities were one in saying that the remedy was to widen the road. Caltrans Director Malcolm Dougherty said that there are "very realistic" plans to widen the 2 way lane to four lanes. But this plan has to wait for the availability of funds which is more likely to occur decades from now.

If you were involved in an accident in Highway 41 and negligence attended the crash, a car accident lawyer must be consulted to pursue a personal injury case against the party at fault.

Laws Prohibiting on Phone use while Driving

2009-09-03T00:55:00.001-07:00

Laws are enacted for the purposes of compliance and order. Admittedly, people can be very stubborn that they neglect and continue to defy these laws.

A law that has been constantly violated is the law prohibiting cell phone use while driving. It does not take a genius or expert to know the dangers of using a wireless phone while driving.

In United Kingdom, Wales produced a graphic film involving the dangers of texting while driving. The film would be distributed initially at various schools. This was to educate mostly the teenagers of the necessity of avoiding distractions while driving.

In United States specifically in California, two laws were already implemented regarding cell phone use. First, a law that prohibited motorists from using handheld wireless telephone and second, a law that barred drivers under 18 years old from using a wireless telephone or hands-free device.

Recently, the new Wireless Communications Device Law was implemented. This law was aimed at prohibiting the writing, sending or reading text-based communication on an electronic wireless communications device while driving.

Despite these laws, car accidents due to cell phone use are still prevalent. This only shows that prevention or minimization of accidents greatly depends on the driver’s themselves.

Drivers who get into accidents due to cell phone use are punished in accordance with the penalties provided under the law. Their victims can file a personal injury case against them after hiring a car accident attorney.

Tijuana Man Dies of Hit and Run Injuries

2009-08-27T11:07:00.000-07:00

Leaving the scene of the accident is penalized especially if you are the driver at fault. Leaving the accident scene leads to a case of hit and run.

In San Diego, a 65 year-old man and his passenger were left to endure their injuries while the man responsible for it ran off.

The victims pulled over to clean their 1988 Chevrolet truck’s windshield near the top of the 28th Street ramp to eastbound SR-94. A man driving 1989 Nissan Sentra hit the truck’s rear end and then hit the victims.

The Nissan Sentra driver pulled in front of the truck and got out of the car just to tell the victims to put the flashers on then ran away in the direction of the 28th Street ramp.

The impact of the crash severed the 65 year-old man’s left leg and almost detached his left leg. He was taken to the hospital but died eventually. The passenger sustained minor cuts to his knees.

The culprit who was facing charges of felony hit-and-run and vehicular manslaughter remained at-large. Police efforts to locate his whereabouts were futile. Authorities impounded the Nissan as evidence.

In several cases of hit and run, drivers speed off with the knowledge that someone got hurt. In this case, not only he had the knowledge that people are hurt but he saw what really transpired and how they were in bad need of medical help.

Moreover, the authorities could bank on the impounded Nissan. They can check under whose name it was registered and start their search from there.

For the victims loved ones, they can only wait for the arrest of the driver. Upon arrest, they can file a wrongful death case and/or damage suit against him. A personal injury lawyer may be asked to pursue the case in their behalf.

Rollover Crash Seriously Hurts 4 Children and 1 Woman who were Unrestrained

2009-08-25T22:44:00.000-07:00

In Pittsburg, Contra Costa, a Chevrolet crashed after the driver failed to overtake a vehicle in front of it and left four children and a woman badly hurt and three other men injured when their vehicle struck a road median and a tree before it rolled over.

The woman, 34 years old, and all four children aged 3, 6, 7 and 9 years old who were sitting in the back seat were unrestrained. Two of the children should have been in child safety seats. Two children and the woman were ejected when the vehicle overturned.

According to the authorities, alcohol was not a factor in the crash and the driver was not cited or arrested. However, the police are now investigating possible child endangerment and the Contra Costa County Child Protective Services have been contacted.

All the children were flown to Oakland Children’s Hospital with serious injuries while the woman is currently in critical condition at the John Muir Medical Center.

According to the Insurance Institute for Highway Safety (IIHS), a total of 10,182 passenger vehicle occupants died in rollover crashes in 2007. Likewise, 35 percent of passenger vehicle occupant deaths in 2007 were due to rollover crashes.

Pickups and SUVs have a consistently higher percentage of rollover deaths than cars and unrestrained passengers greatly contribute to the death rate as occupants who are ejected from the vehicle, increase the likelihood of a fatality.

While accidents can be inevitable, there are a lot of things that people can do in order to minimize the damage to themselves and their passengers. The use of proper restraints such as a seat belt can be the best defense in a rollover accident.

The law has also recognized the importance of seat belts in motor vehicle crashes. There are mandatory safety belt laws in 49 states and the District of Columbia.

According to the IIHS, safety belt use is the most effective way to reduce the risk of injury or death in a rollover. Without safety belts, occupants in vehicles that roll can be thrown from the vehicle. In fact, 66 percent of people killed in passenger vehicle rollover crashes in 2007 were unbelted.

Just like the crash in Pittsburg, it could have been just a simple, unfortunate accident. But the fact that the children and the woman were not properly restrained gives rise to criminal liability.

Authorities Identify DUI Crash Victim

2009-08-20T00:54:00.000-07:00

The suspected DUI crash victim was identified as Patrick Michael Elerding, a 34 year old resident of Santee.

Elerding was a passenger in a 1990 Volvo 240 DL station wagon driven by 37-year-old Nico Faulk of San Diego. Witnesses said that Faulk lost control of the car, ran in to the north shoulder of the road, overcorrected then crossed the double lane before it eventually collided head on with a large oak tree.

The wreck was discovered by an off-duty San Diego police officer who reported the matter to the authorities.

Faulk sustained lower back pain injuries and was brought to a hospital. California Highway Patrol Officer Brian Pennings said that Faulk would be charged of vehicular manslaughter and felony driving under the influence upon his release.

Driving while intoxicated is a dangerous act. No wonder it is penalized in most places. In most states, a certain alcohol level should be reached in order to be punished.

Upon scrutiny, however, it is not a question of whether a certain driver is legally intoxicated or not. But it is a question of whether it is safe to drive whenever a driver has consumed any amount of alcohol.

Research shows that impairment starts long before a driver reached the prohibited alcohol concentration level. Just when you think that you are sober, you are not.

For Elderling’s loved ones, they could file a case for wrongful death against Faulk. The suit could be best pursued with the help of a personal injury lawyer.